Harris v. Warden Chillicothe Correctional Institution, No. 3:2012cv00410 - Document 22 (S.D. Ohio 2013)
Court Description: DECISION AND ORDER DENYING REQUEST TO TRANSFER 21 . Signed by Magistrate Judge Michael R Merz on 11/4/2013. (kpf1)
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON RONALD E. HARRIS, II, : Petitioner, Case No. 3:12-cv-410 : District Judge Walter Herbert Rice Magistrate Judge Michael R. Merz -vsWARDEN, Chillicothe Correctional Institution, : Respondent. DECISION AND ORDER DENYING REQUEST TO TRANSFER This habeas corpus case is before the Court on Petitioner s Request that this Court transfer the records in this case to Jan Horbaly, Clerk of Courts, Howard T. Markey National Courts Building, 717 Madison Place N.W., Room 401, Washington, D.C. (Doc. No. 21). Although Mr. Harris does not mention a court, the address given is that of the Clerk for the United States Court of Appeals for the Federal Circuit, and this Court treats the request as intending to have this Court transfer this case to that court. The United States Court of Appeals for the Federal Circuit has no jurisdiction of an appeal in this case. As a case in habeas corpus brought pursuant to 28 U.S.C. ยง 2254, any appellate jurisdiction from this Court s final decision lies to the United States Court of Appeals for the Sixth Circuit. Mr. Harris took an appeal to that court which has been dismissed (Doc. No. 19). The only court which has appellate jurisdiction over the Sixth Circuit is the United States 1 Supreme Court by writ of certiorari; the Court of Appeals for the Federal Circuit has no such jurisdiction. Accordingly, Mr. Harris Request to Transfer is DENIED. November 4, 2013. s/ Michael R. Merz United States Magistrate Judge 2
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