NORMAN v. PICKAWAY CORRECTIONAL INSTITUTION

Case No. 2:17-CV-319.

REDAN ROOSEVELT NORMAN, Petitioner, v. PICKAWAY CORRECTIONAL INSTITUTION, Respondent.

United States District Court, S.D. Ohio, Eastern Division.

Editors Note
Applicable Law: 28 U.S.C. § 2254
Cause: 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Nature of Suit: 530 Habeas Corpus (General)
Source: PACER


Attorney(s) appearing for the Case

Redan Roosevelt Norman, Petitioner, Pro Se.


OPINION AND ORDER

ALGENON L. MARBLEY, District Judge.

On April 25, 2017, the Magistrate Judge issued a Report and Recommendation pursuant to Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts recommending that this action be transferred to the United States Court of Appeals for the Sixth Circuit as successive. (Doc. 2.) Petitioner has filed an Objection to the Magistrate Judge's Report and Recommendation. (Doc. 3.)

Petitioner argues that his judgment is void because the state trial court lacked venue and subject matter jurisdiction and that he thereby was denied due process, based upon new evidence that could not have been earlier discovered indicating that Fairfield County issued the victim's death certificate. However, as noted by the Magistrate Judge, Petitioner nonetheless must obtain authorization for the filing of this successive petition from the United States Court of Appeals for the Sixth Circuit before this Court can consider his claims. 28 U.S.C. § 2244(b); Nelson v. United States, 115 F.3d 136 (2nd Cir. 1997); Hill v. Hopper, 112 F.3d 1088 (11th Cir. 1997).

Pursuant to 28 U.S.C. § 636(b), this Court has conducted a de novo review. For the reasons that follow, Petitioner's Objection (Doc. 3) is OVERRULED. The Report and Recommendation (Doc. 2) is ADOPTED and AFFIRMED. This action is TRANSFERRED to the United States Court of Appeals for the Sixth Circuit as successive.

IT IS SO ORDERED.


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