Burgher v. Helton, No. 5:2019cv00108 - Document 5 (E.D. Ky. 2019)

Court Description: MEMORANDUM OPINION & ORDER: IT IS THEREFORE ORDERED AND ADJUDGED that the Magisrtate Judge's 4 REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus is approved and adopted as and for the opinion of the Court. IT IS FURTHER ORDERED that the Petition be TRANSFERRED to 6CCA. Signed by Judge Henry R. Wilhoit, Jr on 4/18/2019.(JJ)cc: Pro Se Petitioner via US Mail, 6CCA Modified text on 4/18/2019 (JJ).

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Burgher v. Helton Doc. 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY CENTRAL DIVISION LEXINGTON APR I B 2019 AfASHLANu ;,QBERT R. CARR CU:f~K U.S. DISTRICT COURT Civil Action No. 19-108-HRW SHANNON BURGHER, v. PETITIONER, MEMORANDUM OPINION AND ORDER KEITH HELTON, Warden, RESPONDENT. Shannon Burgher filed,pro se, Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. Consistent with local practice, the matter was referred to United States Magistrate Judge Edward B. Atkins for initial consideration. The Magistrate has issued a report and recommends that this Petition be transferred to the United States Court of Appeals for the Sixth Circuit pursuant to 28 U.S.C. § 1631 for proceedings in accordance with 28 U.S.C. § 2244(b) and Rule 9 of the Rules Governing Section 2254 Proceedings for the United States District Courts. Hearing no objections to the report and recommendation, and seeing no error in same, this Court adopts the recommendation. Accordingly, IT IS THEREFORE ORDERED AND ADJUDGED that the Magistrate Judge's report and recommendation is hereby approved and adopted as and for the opinion of the Court. IT IS FURTHER ORDERED that the Petition be TRANSFERRED to the United States Court of Appeals for the Sixth Circuit. This ( ~ April, 2019. Signed By: He!Jry R. Wilhoit. Jr. United States District Judge Dockets.Justia.com

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