Kerr v. Turner, No. 3:2020cv01256 - Document 7 (N.D. Ohio 2020)

Court Description: Memorandum of Opinion and Order of Transfer to the United States Court of Appeals for the Sixth Circuit. The Court ADOPTS the Report and Recommendation of the Magistrate Judge; GRANTS Respondent's Motion to Transfer (Doc. 4 ); and TRANSFERS the Petition to the Sixth Circuit pursuant to 28 U.S.C. § 2244(b). Judge Christopher A. Boyko on 12/17/2020. (D, I)

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Kerr v. Turner Doc. 7 Case: 3:20-cv-01256-CAB Doc #: 7 Filed: 12/17/20 1 of 2. PageID #: 89 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION JEREMY KERR, Petitioner, vs. NEIL TURNER, Warden, Respondent. ) ) ) ) ) ) ) ) ) CASE NO. 3:20CV1256 JUDGE CHRISTOPHER A. BOYKO MEMORANDUM OF OPINION AND ORDER CHRISTOPHER A. BOYKO, J.: This matter is before on the court on Magistrate Judge Carmen E. Henderson’s Report and Recommendation (Doc. 6) to grant Respondent’s Motion to Transfer the Petition (Doc. 4) and to transfer the case to the Sixth Circuit pursuant to 28 U.S.C. § 2244(b) as a second or successive habeas petition. Objections to the Report and Recommendation were due by November 16, 2020. Petitioner has not filed an objection to the Report and Recommendation. Federal Rule of Civil Procedure 72(b) provides that objections to a report and recommendation must be filed within fourteen days after service. FED. R. CIV. P. 72(b)(2). Petitioner failed to timely file any such objection. Therefore, the Court must assume that Petitioner is satisfied with the Magistrate Judge’s recommendation. Any further review by this Court would be duplicative and an inefficient use of the Court’s limited resources. Thomas v. Arn, 474 U.S. 140, 155 (1985); United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981). Dockets.Justia.com Case: 3:20-cv-01256-CAB Doc #: 7 Filed: 12/17/20 2 of 2. PageID #: 90 Accordingly, the Court ADOPTS the Report and Recommendation of the Magistrate Judge; GRANTS Respondent’s Motion to Transfer (Doc. 4); and TRANSFERS the Petition to the Sixth Circuit pursuant to 28 U.S.C. § 2244(b). IT IS SO ORDERED. s/ Christopher A. Boyko CHRISTOPHER A. BOYKO Senior United States District Judge Dated: December 17, 2020 2

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