Townsend v. Knipper et al
Filing
19
Memorandum Opinion and Order Adopting Report and Recommendation 17 denying w/out prejudice, respondent's Motion to dismiss Petition for Writ of Habeas Corpus 7 . Judge Dan A. Polster (C,KA)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
NATASHA TOWNSEND,
Petitioner,
vs.
MARC KNIPPER, et al.,
Respondent(s).
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CASE NO. 1:14CV2700
JUDGE DAN AARON POLSTER
MEMORANDUM OF OPINION
AND ORDER
Before the Court is the Report and Recommendation of Magistrate Judge Kathleen B.
Burke (“R & R”) (Doc #. 17), which recommends that Respondents’ Motion to Dismiss (Doc. #
7) be denied without prejudice.
Under the relevant statute:
Within fourteen days after being served with a copy, any party
may serve and file written objections to such proposed findings
and recommendations as provided by rules of court. A judge of the
court shall make a de novo determination of those portions of the
report or specified proposed findings or recommendations to which
objection is made.
28 U.S.C. § 636(b)(1)(C) (emphasis added). The R&R was issued on November 10. It is now
November 25, and Respondents have yet to file any written objection to the R&R.
The Court has reviewed the Magistrate Judge’s R&R. The Court agrees with the
Magistrate Judge that Respondents’ Motion to Dismiss should be denied. Accordingly, the Court
ADOPTS the Magistrate Judge’s R&R (Doc. # 17) and DENIES without prejudice
Respondents’ Motion to Dismiss (Doc. #7).
IT IS SO ORDERED.
/s/ Dan Aaron Polster Nov. 25, 2015
Dan Aaron Polster
United States District Judge
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