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17-298 - Wogenstahl v. Warden, Chillicothe Correctional Institution


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17-298 - Wogenstahl v. Warden, Chillicothe Correctional Institution
May 4, 2017
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TRANSFER ORDER - It is hereby ORDERED that this case be transferred to the Sixth Circuit Court of Appeals for that court's determination of whether the case may proceed. The effective date of this Order is STAYED until the time for appeal to District Judge Rose has expired or until he has decided the appeal, whichever is later. Signed by Magistrate Judge Michael R. Merz on 5/4/2017. (kpf)
July 19, 2017
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SUPPLEMENTAL REPORT - Because Wogenstahl's current Petition is a second-or- successive habeas application, he cannot proceed in this Court without permission from the circuit court. It is therefore respectfully recommended that the District Judge affirm the Transfer Order. Objections to Report due by 8/2/2017. Signed by Magistrate Judge Michael R. Merz on 7/19/2017. (kpf)
August 8, 2017
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SECOND SUPPLEMENTAL REPORT - Wogenstahl's Objections are unpersuasive. The Court should overruled them and transfer this case to the Sixth Circuit for a determination under 28 U.S.C. ยง 2244(b) of whether or not it can proceed. Objections to R&R due by 8/22/2017. Signed by Magistrate Judge Michael R. Merz on 8/8/2017. (kpf)