Ahmed v. Houk

Filing 58

ORDER ADOPTING 57 REPORT AND RECOMMENDATION & denying without prejudice 39 Motion to Dismiss. Signed by Judge Michael H. Watson on 9/14/2010. (kjm1)

IN THE UNITED STATES DISTRICT COURT
F O R THE SOUTHERN DISTRICT OF OHIO
W E S T E R N DIVISION AT DAYTON

NAWAZAHMED, Petitioner, Case No. 2:07-cv-658 District Judge Michael H. Watson Magistrate Judge Michael R. Merz

-vsMARC C. HOUK, Warden, Respondent.

ORDER ADOPTING REPORT AND RECOMMENDATIONS

T h e Court has reviewed the Report and Recommendations ofUnited States Magistrate Judge Michael R. Merz (Doc. No. 57), to whom this case was referred pursuant to 28 U.S.C. §636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed. R. Civ. P. 72(b) expired on August 16, 2010, hereby ADOPTS said Report and Recommendations.
It is therefore ORDERED that Respondent's Motion to Dismiss (Doc. No. 39) be, and it

hereby is denied without prejudice to Respondent's position on the merits of its procedural default defenses which should be adjudicated as part of deciding the case as a whole.

September 14, 2010. on United States District Judge