Rodriguez v. Warden, Belmont Correctional Institution, No. 2:2018cv00114 - Document 5 (S.D. Ohio 2018)
Court Description: OPINION and ORDER adopting and affirming 4 the Report and Recommendation. Signed by Judge Michael H. Watson on 6/1/18. (jk) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Rodriguez v. Warden, Belmont Correctional Institution Doc. 5 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION Julio Rodriguez, Petitioner, Case No. 2:18-CV-114 V. Judge Michael H. Watson Magistrate Judge Chelsey M. Vascura David Gray, Warden, Belmont Correctional Institution, Respondent. OPINION AND ORDER On February 12, 2018, Petitioner, a state prisoner, sought a petition for a writ of habeas corpus under 28 U.S.C. § 2254. EOF No. 1. On March 19, 2018, the Magistrate Judge issued a Report and Recommendation ("R&R") recommending that the petition be transferred to the Sixth Circuit as successive because it constitutes Petitioner's second attempt to challenge the same 1995 state court conviction under § 2254. EOF No. 4. A review of this Court's docket in Rodriguez v. DeWitt, Case No. 2:99-cv-879 (S.D. Ohio, Sept. 10,1999) also reveals that Petitioner could have brought the claims that he currently asserts— involving allegations about the state court judge's actions in 1995—in his previous § 2254 action. In re Bowen, 436 F.Sd 699, 704 (6th Cir. 2006) (citing McClesky v. Zant, 499 U.S. 467, 489 (1991)). Moreover, although Petitioner was advised of the right to object to the Magistrate Judge's R&R, and of the consequences of failing to do so, no objections have been filed. The R&R, ECF Dockets.Justia.com No. 4, is therefore, ADOPTED and AFFIRMED. Petitioner's motion to amend is DENIED. IT IS SO ORDERED. nCHAEL H. WAtSON, JUDGE UNITED STATES DISTRICT COURT
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