Moss v. Warden, Lebanon Correctional Institution

Filing 29

ORDER STRIKING OBJECTIONS TO REPORT AND RECOMMENDATIONS - Petitioner Robert Moss has filed Objections (Doc. No. 28) to the Magistrate Judge's Supplemental Report and Recommendations (Doc. No. 23). Mr. Moss' objections were originally due by August 19, 2010. On August 10, he requested an extension to September 20, 2010, but was only granted an extension to August 31, 2010. Therefore his Objections are untimely and are stricken on that basis. Furthermore, the Objections are untimely beca use Judge Barrett has already adopted the Supplemental Report and Recommendations and entered judgment in the case. Petitioner is advised that his time to appeal will expire on October 16, 2010. Judge Barrett has already denied leave to appeal in forma pauperis and a certificate of appealability. Signed by Magistr ate Judge Michael R Merz on 9/30/2010. (kpf1)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON
ROBERT E. MOSS, : Petitioner, : -vsWARDEN, Lebanon Correctional Institution, : Respondent. Case No. 1:09-cv-280 District Judge Michael R. Barrett Magistrate Judge Michael R. Merz

ORDER STRIKING OBJECTIONS TO REPORT AND RECOMMENDATIONS

Petitioner Robert Moss has filed Objections (Doc. No. 28) to the Magistrate Judge's Supplemental Report and Recommendations (Doc. No. 23). His Certificate of Service indicates he mailed the Objections to the Attorney General's Office on September 19, 2010; presumably they were mailed to the Clerk on the same date, although they were not received and docketed until September 29, 2010. Under Houston v. Lack, 487 U.S. 266 (1988), prisoner papers are deemed filed on the date of mailing. Mr. Moss' objections were originally due by August 19, 2010. On August 10, he requested an extension to September 20, 2010, but was only granted an extension to August 31, 2010. Therefore his Objections are untimely and are stricken on that basis. Furthermore, the Objections are untimely because Judge Barrett has already adopted the Supplemental Report and Recommendations and entered judgment in the case. Petitioner is advised that his time to appeal will expire on October 16, 2010. Judge Barrett -1-

has already denied leave to appeal in forma pauperis and a certificate of appealability. September 30, 2010.
s/ Michael R. Merz United States Magistrate Judge

-2-