Slagle v. Warden, Belmont Correctional Institution

Filing 29

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 25 Report and Recommendations. Accordingly, the petitioners motion for relief from judgment (Doc. 24) is DENIED since the petitioner has not shown mistake or the excusable neglect that would entitle him for relief under Fed. R. Civ. P. 60(b). Signed by Chief Judge Susan J. Dlott. (wam1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
John Wesley Slagle,
Petitioner(s),
vs.
Warden, Belmont Correctional Institution,
Respondent(s).

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Case Number: 1:12cv839
Chief Judge Susan J. Dlott

ORDER
This matter is before the Court pursuant to the Order of General Reference in the United States
District Court for the Southern District of Ohio Western Division to United States Magistrate Judge
Michael R. Merz. Pursuant to such reference, the Magistrate Judge reviewed the pleadings and filed
with this Court on July 15, 2013 Report and Recommendations (Doc. 25). Subsequently, the petitioner
filed objections to such Report and Recommendation ( Doc. 27) and respondent filed a response to the
objections (Doc. 28).
The Court has reviewed the comprehensive findings of the Magistrate Judge and considered de
novo all of the filings in this matter. Upon consideration of the foregoing, the Court does determine that
such Recommendation should be adopted.
Accordingly, the petitioner’s motion for relief from judgment (Doc. 24) is DENIED since the
petitioner has not shown mistake or the excusable neglect that would entitle him for relief under Fed. R.
Civ. P. 60(b).
IT IS SO ORDERED.

___s/Susan J. Dlott___________
Chief Judge Susan J. Dlott
United States District Court