Kaeding v. Warden, Lebanon Correctional Institution

Filing 47

ORDER STRIKING "TRAVERSE" - Petitioner's filing, on September 18, 2012, of a "Traverse to Return of Writ" (Doc. No. 46), is STRICKEN. Petitioner may incorporate any arguments he believes have not been addressed in his objections to the Report and Recommendations, which must be filed by September 28, 2012. Signed by Magistrate Judge Michael R Merz on 9/19/2012. (kpf1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT CINCINNATI

MARK H. KAEDING,
:
Petitioner,

Case No. 1:11-cv-121
:

District Judge Michael R. Barrett
Magistrate Judge Michael R. Merz

-vsWARDEN, Lebanon Correctional Institution,
:
Respondent.

ORDER STRIKING “TRAVERSE”
This habeas corpus case is before the Court upon Petitioner’s filing, on September 18,
2012, of a “Traverse to Return of Writ” (Doc. No. 46).

As noted in the Decision and

Order/Report and Recommendations filed by this judge on September 11, 2012,
Despite Judge Litkovitz’s setting a date for a reply or traverse,
Kaeding did not file one in response to the original Return of Writ.
Instead, the case was stayed to permit Kaeding to exhaust state court
remedies (Doc. Nos. 20, 21). After the stay was lifted and the case
transferred to the undersigned (Doc. Nos. 24, 26), the Warden filed
a Supplemental Return (Doc. No. 31) and Petitioner has filed his
Traverse to the Supplemental Return (Doc. No. 43).

(Doc. No. 45, PageID 1810.) On August 1, 2012, Petitioner sought an extension of sixty days to
file traverses to both the original Return and Supplemental Return (Doc. No. 37). In response, the
Court granted an extension to file “a reply/traverse” (Order, Doc. No. 38, PageID 1776).
Petitioner filed a Traverse on August 24, 2012 (Doc. No. 43). The Court did not grant leave to file
two separate traverses. Considering the matter to be ripe in light of the Petitioner’s filing the
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traverse he was permitted, the Magistrate Judge prepared and filed a forty-five page Report and
Recommendations on the merits of the case.
Accordingly, the Traverse filed September 18, 2012, is STRICKEN. Petitioner may
incorporate any arguments he believes have not been addressed in his objections to the Report and
Recommendations, which must be filed by September 28, 2012.
September 19, 2012.
s/ Michael R. Merz
United States Magistrate Judge

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