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BERRY v. U.S., 2:05-CR-231. (2013)

Court: District Court, S.D. Ohio Number: infdco20130905d96 Visitors: 13
Filed: Sep. 04, 2013
Latest Update: Sep. 04, 2013
Summary: ORDER GREGORY L. FROST, District Judge. On July 24, 2013, the United States Magistrate Judge recommended that petitioner's July 22, 2013 Motion to Vacate under 28 U.S.C. 2255 be transferred to the United States Court of Appeals for the Sixth Circuit as a successive petition. Report and Recommendation, Doc. No. 159. Although the parties were advised of their right to object to that recommendation and of the consequences of their failure to object, there has nevertheless been no objection
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ORDER

GREGORY L. FROST, District Judge.

On July 24, 2013, the United States Magistrate Judge recommended that petitioner's July 22, 2013 Motion to Vacate under 28 U.S.C. § 2255 be transferred to the United States Court of Appeals for the Sixth Circuit as a successive petition. Report and Recommendation, Doc. No. 159. Although the parties were advised of their right to object to that recommendation and of the consequences of their failure to object, there has nevertheless been no objection.

The Report and Recommendation, Doc. No. 159, is ADOPTED AND AFFIRMED. Petitioner's July 22, 2013 Motion to Vacate, Doc. No. 157, is TRANSFERRED to the United States Court of Appeals for the Sixth Circuit pursuant to 28 U.S.C. § 1631.

Source:  Leagle

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