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17-029 - Fears v. Warden, Chillicothe Correctional Institution


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17-029 - Fears v. Warden, Chillicothe Correctional Institution
January 18, 2017
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MEMORANDUM REGARDING PETITIONER'S OBJECTIONS TO TRANSFER ORDER - Because the transfer has been docketed in the Sixth Circuit (Case No. 17-3042), this Court lacks jurisdiction to reconsider the transfer. Jackson v. Sloan, 800 F.3d 260 (6th Cir. 2015). Signed by Magistrate Judge Michael R. Merz on 1/18/2017. (kpf)
February 23, 2017
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SCHEDULING ORDER REGARDING OBJECTIONS - This case was transferred to the Sixth Circuit as a second-or-successive habeas corpus petition on January 12, 2017 (ECF No. 6). Petitioner objected, but the Transfer Order had already been docketed, depriving this Court of jurisdiction to consider the Objections. The Sixth Circuit has now vacated the Transfer Order as "prematurely docketed." Accordingly, Respondent's time to respond to the Objections under Fed. R. Civ. P. 72(a) is extended to and including March 9, 2017. Signed by Magistrate Judge Michael R. Merz on 2/23/2017. (kpf)
March 30, 2017
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SUPPLEMENTAL MEMORANDUM OPINION - The Magistrate Judge recommends that Petitioner's Objections be overruled and this case be transferred to the Sixth Circuit as a second-or-successive habeas petition. Signed by Magistrate Judge Michael R. Merz on 3/29/2017. (kpf)