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17-029 - Jones v. Warden, Chillicothe Correctional Institute


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17-029 - Jones v. Warden, Chillicothe Correctional Institute
March 2, 2017
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REPORT AND RECOMMENDATIONS - Now that the appellate proceeding has been dismissed, jurisdiction is returned to this Court. The Court therefore has a pending second-or-successive habeas application without permission of the circuit court to proceed. Under those circumstances, it is respectfully recommended that the Petition herein be dismissed for lack of jurisdiction. Objections to R&R due by 3/16/2017. Signed by Magistrate Judge Michael R. Merz on 3/2/2017. (kpf)
March 17, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATIONS - The Court has reviewed the Report and Recommendations of United States Magistrate Judge Michael R. Merz (ECF No. [l0]), to whom this case was refen-ed pursuant to 28 U.S.C. ยง 636(b ), and noting that no objections have been fil ed thereto and that the time for filing such objections under Fed. R. Civ. P. 72(b) has expired, hereby ADOPTS said Report and Recommendations. It is hereby ORDERED that this case is DISMISSED with prejudice for lack of jurisdiction. This case is TERMINATED on the docket of this Court. Signed by Judge Walter H. Rice on 3/17/2017. (srb)