Smith v. Warden Franklin Medical Center

Filing 16

RECOMMITTAL ORDER - Petitioner has responded to those Objections (Doc. No. 15 ). The District Judge has preliminarily considered the Objections and believes the issues raised therein will be more appropriately resolved after further analysis by the Magistrate Judge. Accordingly, pursuant to Fed. R. Civ. P. 72(b)(3), this matter is hereby returned to the Magistrate Judge with instructions to file a supplemental report and recommendations. Signed by Judge Thomas M Rose on 09/26/12. (pb1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT CINCINNATI
KENNETH SMITH,
:
Petitioner,

Case No. 1:12-cv-196
:

-vs-

District Judge Thomas M. Rose
Magistrate Judge Michael R. Merz

FRANCISCO PINEDA, Warden,
:
Respondent.

RECOMMITTAL ORDER
This capital habeas corpus case is before the Court on the Warden’s Objections (Doc. No.
13) to the Magistrate Judge’s Report and Recommendations (Doc. No. 11) recommending, on
remand from the Sixth Circuit, that this case be determined not to be a second or successive
application for habeas corpus. Petitioner has responded to those Objections (Doc. No. 15).
The District Judge has preliminarily considered the Objections and believes the issues
raised therein will be more appropriately resolved after further analysis by the Magistrate Judge.
Accordingly, pursuant to Fed. R. Civ. P. 72(b)(3), this matter is hereby returned to the Magistrate
Judge with instructions to file a supplemental report and recommendations.
s/Thomas M. Rose
September 26, 2012.

__________________________________
Thomas M. Rose
United States District Judge