Collins v. Shewalter

Filing 12

Report and Recommendation on 11 Motion for summary judgment filed by Larry Collins. Petitioner Larry Collins moved for summary judgment on his hasbeas corpus petition due to Respondent's failure to "meet the deadline set by this court or request any other additional time to file its return writ." As Mr. Collins noted, Respondent was, required to file his return by 3/30/2010. Respondent filed his return on 3/30/2010. See Docket #10. Based on the foregoing, Petitioner's motion for summary judgment is moot and it is recommended that it be denied. Objections to R&R due by 4/20/2010. Magistrate Judge James S. Gallas on 4/6/2010. (W,G) Modified text on 4/7/2010 (B,B).

Collins v. Shewalter

Doc. 12

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION LARRY COLLINS, Petitioner, vs. FRANK SHEWALTER, Warden, Respondent. ) ) ) ) ) ) ) ) ) ) Case No. 1:09-CV-2427 Judge Patricia A. Gaughan

REPORT AND RECOMMENDATION (Docket #11) Magistrate Judge James S. Gallas

Petitioner, Larry Collins, moved for summary judgment on his habeas corpus petition due to Respondent's failure "to meet the deadline set by this court or request any other additional time to file its return writ." (Docket #11). As Mr. Collins noted, Respondent was, required to file his return by March 30, 2010. Respondent filed his return on March 30, 2010. See Docket #10. Based on the foregoing, Petitioner's motion for summary judgment is moot and it is recommended that it be denied. /s/_James S. Gallas James S. Gallas United States Magistrate Judge ANY OBJECTIONS to this Report and Recommendation must be filed with the Clerk of Court within fourteen (14) days of mailing of this notice. Failure to file objections within the specified time WAIVES the right to appeal the Magistrate Judge's recommendation. See U.S. v. Walters, 638 F.2d 947 (6th Cir. 1981); Thomas v. Arn, 474 U.S. 140 (1985). Dated: April 6, 2010

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