Delawder v. Warden Ross Correctional Institution

Filing 20

ORDER adopting Report and Recommendation re 19 Report and Recommendation denying 11 Motion to Dismiss; finding as moot 12 Motion to Stay; finding as moot 15 Motion to Dismiss; granting 16 Motion to Amend/Correct;. Signed by Judge Michael R. Barrett on 8/21/17. (ba)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
Rodney E. Delawder,
Petitioner,
v.

Case No. 1:16cv743

Warden, Ross Correctional
Institution,

Judge Michael R. Barrett

Respondent.
ORDER
This matter is before the Court on the Report and Recommendation filed by the
Magistrate Judge on August 3, 2017 (Doc. 19).
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). No objections to the Magistrate Judge=s Report and
Recommendation have been filed.
Accordingly, it is ORDERED that the Report and Recommendation (Doc. 19) of
the Magistrate Judge is hereby ADOPTED. Petitioner’s Motion to Amend (Doc. 16) is
GRANTED; Respondent’s Motion to Dismiss (Doc. 11) is DENIED; and Petitioner’s
Motion to Stay (Doc. 12) and Motion to Dismiss (Doc. 15) is DENIED as MOOT.
IT IS SO ORDERED.
/s/ Michael R. Barrett
Michael R. Barrett
United States District Judge

1