Cedeno v. Warden, Belmont Correctional Institution

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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION AT COLUMBUS
NOEL CEDENO,
Petitioner, 	: 	Case No. 2:25-cv-01253
- vs - 	Chief Judge Sarah D. Morrison
Magistrate Judge Michael R. Merz
SHELBIE SMITH, WARDEN,
Belmont Correctional Institurion,
:
Respondent.
TRANSFER ORDER
This habeas corpus action, brought pro se by Petitioner Noel Cedeno under 28 U.S.C. §
2254, is before the Court on Respondent’s Motion to Transfer this case to the Sixth Circuit Court
of Appeals for its consideration of whether to permit Petitioner to proceed (ECF No. 4).
Respondent asserts that this is a second or successive habeas petition attacking the same conviction
Petitioner previously attacked in Case No. 1:17-cv-949 in the United States District Court for the
Northern District of Ohio. Having found prima facie that Respondent’s position was well
taken, the Court ordered Petitioner to show cause not later than December 29, 2025, why the
Motion to Transfer should not be granted (ECF No. 5). Although the Court extended
Petitioner’s time to do so to January 30, 2026 (ECF No. 7), he has not responded.
Accordingly, pursuant to In re Sims, 111 F.3d 45 (6th Cir. 1997), the Clerk is ordered to
transfer this case to the United States Court of Appeals for the Sixth Circuit for its determination
Case: 2:25-cv-01253-SDM-MRM Doc #: 8 Filed: 03/09/26 Page: 1 of 2 PAGEID #: <pageID>

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under 28 U.S.C. § 2244(b) of whether Petitioner may proceed.
March 9, 2026.
s/ Michael R. Merz
United States Magistrate Judge
Case: 2:25-cv-01253-SDM-MRM Doc #: 8 Filed: 03/09/26 Page: 2 of 2 PAGEID #: <pageID>