1

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION 

ROBERT SPENCER JENKS, III, : Case No. 1:17-cv-831 

: 

Petitioner, : Judge Timothy S. Black 

: Magistrate Judge Karen L. Litkovitz 

vs. : 

: 

WARDEN, ELKTON FEDERAL :

CORRECTIONAL INSTITUTION, : 

: 

Respondent. : 

DECISION AND ENTRY

ADOPTING THE REPORT AND RECOMMENDATION

OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 8)

AND TRANSFERRING THIS CASE TO THE

UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

This case is before the Court pursuant to the Order of General Reference to United

States Magistrate Judge Karen L. Litkovitz. Pursuant to such reference, the Magistrate

Judge reviewed the pleadings filed with this Court and, on February 26, 2018, submitted a

Report and Recommendation. (Doc. 8). No objections were filed.1

1 In a response to an earlier Order to show cause issued by the Magistrate Judge, Petitioner 

moved for the Magistrate Judge’s disqualification from this case. (Doc. 6, at 1). This motion 

is without merit. This case was properly referred to the Magistrate Judge pursuant to 28 U.S.C. 

§ 636(b) and the Cincinnati General Order of Assignment and Reference. Plaintiff has 

established no basis that would require recusal. 

Although Petitioner did not file objections to the Report and Recommendation, he did file a 

“motion for immediate relief and release.” That motion requested that the Court order 

Petitioner’s immediate discharge and release from prison despite providing no legal basis for 

the extraordinary request and no factual information about his initial conviction (Plaintiff’s initial 

petition stated that he was convicted of manslaughter by a court-marshal under the Uniform Code 

of Military Justice, but he has so far declined to identify where his conviction occurred). 

The Court accordingly denies Plaintiff’s most recent motion (Doc. 9). 
2

As required by 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b), the Court has

reviewed the comprehensive findings of the Magistrate Judge and considered de novo

all of the filings in this matter. Upon consideration of the foregoing, the Court does

determine that such Report and Recommendation should be and is hereby adopted in its

entirety. 

Accordingly, IT IS ORDERED that: 

1) Petitioner’s motion to disqualify the Magistrate Judge (Doc. 6) is 

DENIED; 

2) Petitioner’s motion for immediate relief and release (Doc. 9) is DENIED; 

3) This matter is TRANSFERRED to the United States Court of Appeals for

the Sixth Circuit for all further proceedings. 

IT IS SO ORDERED. 

Date: May 7, 2018 s/ Timothy S. Black

Timothy S. Black 

United States District Judge 

Plaintiff’s response to the Order to Show Cause indicated that his petition for writ of habeas 

corpus was intended to be filed directly in the United States Court of Appeals for the Sixth 

Circuit pursuant to the All Writs Act, 28 U.S.C. § 1651. A review of the petition clearly 

supports this argument. See Doc. 1, caption; see also id. at 41 (invoking the All Writs Act). 

Plaintiff’s petition was not intended by Petitioner to have been filed with this District Court, and 

so the Court orders the transfer of this case to the United States Court of Appeals for the Sixth 

Circuit. This Court makes no determination regarding Plaintiff’s jurisdictional arguments or the 

merits of his claims.