Brand v. Warden, Pickaway Correctional Institution

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
BARON BRAND,
Petitioner,
vs.
WARDEN, PICKAWAY
CORRECTIONAL INSTITUTION,
Respondent.
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Case No. 1:25-cv-684
District Judge Timothy S. Black
Magistrate Judge Karen L. Litkovitz
ORDER ADOPTING THE REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
This case is before the Court on the Report and Recommendation of United States
Magistrate Judge Karen L. Litkovitz. (Doc. 4). Specifically, Judge Litkovitz issued a
Report and Recommendation on October 14, 2025, recommending that the case be
dismissed without prejudice, because this Court lacks jurisdiction to consider a second or
successive petition under 28 U.S.C. § 2254, in the absence of prior authorization by the
Sixth Circuit. (Id.)1 Judge Litkovitz further notes that while this Court would ordinarily
transfer the petition to the Sixth Circuit, Petitioner has already filed an identical motion
with the Sixth Circuit. (Id. at 2). Accordingly, as Petitioner’s motion is pending before
1 In 2018, Petitioner filed his first petition in this Court, seeking to challenge his Hamilton
County, Ohio convictions and sentence. See Brand v. Warden, Case No. 1:18-cv-697 (S.D. Ohio
Oct. 2, 2018). Thereafter, the Sixth Circuit twice denied Petitioner authorization to file a second
or successive petition. See Brand v. Warden, Case No. 1:21-cv-222 (S.D. Ohio Jun. 15, 2022)
(Doc. 8); see also Brand v. Warden, Case No. 1:22-cv-406 (S.D. Ohio May 23, 2023) (Doc. 11).
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the Sixth Circuit, Judge Litkovitz recommends that the instant case be dismissed without
prejudice. (Id.) No objections have been filed, and the time for doing so has expired.
Pursuant to 28 U.S.C. § 636(b), the Court has reviewed the comprehensive
findings of the Magistrate Judge and considered de novo all of the relevant filings in this
case. Upon consideration of the foregoing, the Court finds that the Report and
Recommendation (Doc. 4) should be and is hereby adopted in their entirety.
Accordingly:
1. The Report and Recommendation (Doc. 4) is ADOPTED; and
2. This case is DISMISSED without prejudice and shall be terminated
on the docket of this Court.
IT IS SO ORDERED.
Date: 11/17/2025 s/ Timothy S. Black
Timothy S. Black
United States District Judge
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