Graves v. Warden Ohio Reformatory for Women

Filing 24

ORDER re 4 REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus filed by Denise Graves: because petitioner complied with the Court's order and paid the filing fee in this matter, the Oct. 30, 2012 Report and Recommendation (Doc. 4) is no longer necessary and is hereby VACATED. Signed by Magistrate Judge Stephanie K. Bowman on 6/6/13. (jl1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

DENISE GRAVES,
Petitioner,

vs.

WARDEN, OHIO
REFORMATORY FOR WOMEN,
Respondent.

Case No. 1:12-cv-711

Dlott, J.
Bowman, M.J.

ORDER

On September 18, 2012, petitioner filed a petition for a writ of habeas corpus. (Doc. 1).
The Court issued a Deficiency Order on September 20, 2012, requiring petitioner to pay the full
filing fee or to file a motion to proceed in forma pauperis within thirty (30) days. (Doc. 2). On
October 30, 2012, the undersigned issued a Report and Recommendation recommending that
petitioner’s petition be dismissed for lack of prosecution because petitioner failed to comply with
the September 20, 2012 Deficiency Order. (Doc. 4).
Petitioner subsequently filed an objection to the Report and Recommendation, including
a supplemental memorandum and letter. (Docs. 6, 7, 9). On January 4, 2013, the Court issued
an Order indicating that petitioner’s objections were not legible. (Doc. 8). The Court set aside
the objections filed by petitioner and gave her an additional thirty (30) days to file legible
objections. Id. Plaintiff filed three more letters in response to the January 4, 2013 Order. (Docs.
11, 12, 13). On March 15, 2013, the Court construed petitioner’s letters as a motions for
extensions of time and granted her twenty (20) days to pay the filing fee or submit an in forma
pauperis application. (Doc. 14). On March 25, 2013, petitioner paid the full filing fee.

Because petitioner complied with the Court’s Order and paid the filing fee in this matter,
the October 30, 2012 Report and Recommendation (Doc. 4), is no longer necessary and is hereby
VACATED.
IT IS SO ORDERED.

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

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