Mote v. United States, 2:12-CR-234. (2020)
Court: District Court, S.D. Ohio
Number: infdco20200227872
Visitors: 23
Filed: Feb. 20, 2020
Latest Update: Feb. 20, 2020
Summary: ORDER EDMUND A. SARGUS, JR. , Chief District Judge . On January 24, 2020, the Magistrate Judge issued a Report and Recommendation ("R&R") recommending that Movant's motion to vacate under 28 U.S.C. 2255 be transferred to the United States Court of Appeals for the Sixth Circuit as successive. (ECF No. 74.) Although the parties were advised of the right to object to the R&R, and of the consequences of failing to do so, no objections have been filed. The R&R (ECF No. 74) is therefore, AD
Summary: ORDER EDMUND A. SARGUS, JR. , Chief District Judge . On January 24, 2020, the Magistrate Judge issued a Report and Recommendation ("R&R") recommending that Movant's motion to vacate under 28 U.S.C. 2255 be transferred to the United States Court of Appeals for the Sixth Circuit as successive. (ECF No. 74.) Although the parties were advised of the right to object to the R&R, and of the consequences of failing to do so, no objections have been filed. The R&R (ECF No. 74) is therefore, ADO..
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ORDER
EDMUND A. SARGUS, JR., Chief District Judge.
On January 24, 2020, the Magistrate Judge issued a Report and Recommendation ("R&R") recommending that Movant's motion to vacate under 28 U.S.C. § 2255 be transferred to the United States Court of Appeals for the Sixth Circuit as successive. (ECF No. 74.) Although the parties were advised of the right to object to the R&R, and of the consequences of failing to do so, no objections have been filed. The R&R (ECF No. 74) is therefore, ADOPTED and AFFIRMED. This action is hereby DISMISSED.
An order transferring a motion to an appellate court for consideration as a second or successive habeas corpus application is not appealable. See Howard v. United States, 533 F.3d 472, 474 (6th Cir. 2008) ("Our court's practice in the case of second-or-successive transfer orders to this court is to treat the transfer order as non-appealable...."). Accordingly, the Court DECLINES to issue a certificate of appealability.
IT IS SO ORDERED.
Source: Leagle
