Asadi-Ousley v. Mackey

Summary

The United States District Court for the Northern District of Ohio adopted the Magistrate Judge’s Report and Recommendation and granted the respondent’s motion to transfer Asa Asadi-Ousley’s 28 U.S.C. § 2254 habeas petition to the Sixth Circuit. The court concluded that the petition was second or successive and that authorization under 28 U.S.C. § 2244(b)(3)(A) was required before the district court could consider it.

Holdings

1. A district court lacks jurisdiction to hear a second or successive habeas petition filed without authorization from the appropriate court of appeals.
2. When a second or successive habeas petition is filed in the district court without the required appellate authorization, the district court must transfer it to the appropriate court of appeals under 28 U.S.C. § 1631.
3. Because Petitioner filed no timely objections to the report and recommendation, the district court adopted the recommendation without conducting duplicative further review.

Questions Presented

1. Whether the district court could review the merits of a second or successive § 2254 petition filed without authorization from the Sixth Circuit.
2. Whether the petition should be transferred to the Sixth Circuit under 28 U.S.C. § 1631 and § 2244(b)(3)(A).
3. Whether the district court should adopt the magistrate judge's report and recommendation when Petitioner filed no timely objections.

Disposition

other