Curtis v. Warden, Marion Correctional Institution

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION

Richard Curtis,

Petitioner, v. Case No. 1:21cv479

Warden, Marion Correctional Institution, Judge Michael R. Barrett Respondent.

ORDER

This matter is before the Court on the Report and Recommendation (“R&R”) filed by the Magistrate Judge on November 8, 2021 (Doc. 12).

Proper notice has been given to the parties under 28 U.S.C. ' 636(b)(1)(C), including notice that the parties would waive further appeal if they failed to file objections to the R&R in a timely manner. United States v. Walters, 638 F.2d 947 (6th Cir. 1981). No objections to the Magistrate Judge=s R&R (Doc. 12) have been filed. Accordingly, it is ORDERED that the R&R (Doc. 12) of the Magistrate Judge is hereby ADOPTED. Consistent with the recommendation by the Magistrate Judge, the petition as well as petitioner’s pending motions are TRANSFERRED pursuant to 28 U.S.C. § 1631 to the United States Court of Appeals for the Sixth Circuit for review and determination whether the district court may consider the successive claims for relief. IT IS SO ORDERED. s/Michael R. Barrett

Michael R. Barrett, Judge

United States District Court