O'Neal v. Warden Chillicothe Correctional Institution

Filing 18

ORDER adopting Report and Recommendations re 15 Report and Recommendation. Signed by Judge Michael R. Barrett on 2/12/16. (ba)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
James Derrick O’Neal,
Petitioner,
v.

Case No. 1:12cv699

Warden, Chillicothe Correctional
Institution,

Judge Michael R. Barrett

Respondent.
ORDER
This matter is before the Court on the September 11, 2015 Report and
Recommendation filed by the Magistrate Judge.

(Doc. 15) The Magistrate Judge

recommends that Petitioner’s Numerically Second Petition be dismissed without
prejudice for failure to plead a claim cognizable in habeas corpus with sufficient clarity to
distinguish it from the claims Petitioner has made in In re Ohio Lethal Injection Litigation.
The Magistrate Judge granted Petitioner leave to move to file an amended petition no
later than September 30, 2015.
Proper notice has been given to the parties under 28 U.S.C. ' 636(b)(1)(C),
including notice that the parties would waive further appeal if they failed to file objections
to the Report and Recommendation in a timely manner. United States v. Walters, 638
F.2d 947 (6th Cir. 1981).

Petitioner was granted an extension of time to file any

objections and the date by which to file motion for leave to file an amended petition. The
new deadline was October 30, 2015. Petitioner did not file objections by that date, nor
did Petitioner file a motion for leave to file an amended petition.
On December 30, 2015, the Court noted that no objections or a motion for leave to
file an amended petition were filed on October 30, 2015. This Court ordered Petitioner

to show cause as to why this matter should not be dismissed. (Doc. 17). Petitioner did
not respond to the show cause order.
Accordingly, it is ORDERED that the Report and Recommendation (Doc. 15) of
the Magistrate Judge is hereby ADOPTED. The Petition (Doc. 1) is dismissed without
prejudice for failure to plead a claim cognizable in habeas corpus with sufficient clarity to
distinguish it from the claims Petitioner has made in In re Ohio Lethal Injection Litigation.
This matter shall be CLOSED and TERMINATED from the docket of this Court.
IT IS SO ORDERED.
/s/ Michael R. Barrett
Michael R. Barrett
United States District Judge

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