Collins v. Shewalter

Filing 15

Order: This matter is before the Court upon the Report and Recommendation of Magistrate Judge Gallas (Doc. 12 ). Having found no clear error, the Court agrees with the Report and Recommendation and denies the motion for summary judgment. The Report and Recommendation is accepted. This matter is to proceed on the Petition before Magistrate Judge Gallas. Judge Patricia A. Gaughan on 4/28/10. (LC,S) re 11

Collins v. Shewalter

Doc. 15

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

Larry Collins, Petitioner, vs. Frank Shewalter, Warden, Respondent.

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CASE NO. 1:09 CV 2427 JUDGE PATRICIA A. GAUGHAN

O rder

This matter is before the Court upon the Report and Recommendation of Magistrate Judge Gallas (Doc. 12). For the following reasons, the Report and Recommendation is ACCEPTED. Petitioner, Jason M. Allen, commenced this action with the filing of a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. Petitioner moved for summary judgment on the basis of respondent's alleged failure to meet certain deadlines. The Magistrate Judge recommended that the motion for summary judgment be denied as respondent did not fail to meet the deadlines. Objections to the Report and Recommendation have not been filed. When no objections have been filed this Court need only satisfy itself that there is no 1

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clear error on the face of the record in order to accept the recommendation. See Advisory Committee Notes 1983 Addition to Federal Rule of Civil Procedure 72. Having found no clear error, the Court agrees with the Report and Recommendation and denies the motion for summary judgment. For the foregoing reasons, the Report and Recommendation is accepted. This matter is to proceed on the Petition before Magistrate Judge Gallas. IT IS SO ORDERED. /s/ Patricia A. Gaughan PATRICIA A. GAUGHAN United States District Judge Dated: 4/28/10

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