Harris v. Warden Lebanon Correctional Institution

Filing 19

ORDER denying 16 Motion to Strike. Signed by Magistrate Judge Stephanie K. Bowman on 2/7/13. (jl1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

ROBERT LEE HARRIS, JR.,
Petitioner,
vs.
WARDEN, SOUTHERN OHIO
CORRECTIONAL FACILITY,
Respondent.

Case No. 1:12-cv-261
Spiegel, J.
Bowman, M.J.
ORDER

This pro se habeas corpus action filed pursuant to 28 U.S.C. § 2254 is before the Court on
respondent’s motion to strike petitioner’s supplemental memorandum in opposition to the motion
to dismiss. (Doc. 16). In a separate Report and Recommendation issued this date, the
undersigned has recommended that petitioner’s petition be transferred to the Sixth Circuit as a
successive petition or, in the alternative, be dismissed on the ground that it is time-barred.
Petitioner’s motion to strike (Doc. 16) is therefore DENIED as moot.
IT IS SO ORDERED.

s/ Stephanie K. Bowman
Stephanie K. Bowman
United States Magistrate Judge