Beavers v. Franklin County Adult Probation et al

Filing 11

ORDER adopting re 9 Report and Recommendations. Signed by Judge Algenon L. Marbley on 5/9/2014. (cw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

KEVIN BEAVERS,
Petitioner,

CASE NO. 2:13-CV-404
JUDGE ALGENON L. MARBLEY
Magistrate Judge Elizabeth A. Preston Deavers

v.
FRANKLIN COUNTY ADULT
PROBATION,
Respondent.

OPINION AND ORDER
On April 21, 2014, the Magistrate Judge issued a Report and Recommendation
recommending that the instant petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254
be dismissed without prejudice as unexhausted, and in the alternative, that Petitioner could notify
the Court of his intent to withdraw his unexhausted claim and proceed on the merits of his
remaining claim.
Although the parties were advised of the right to object to the Magistrate Judge’s Report
and Recommendation, and of the consequences of failing to do so, no objections have been filed.
The Report and Recommendation is ADOPTED and AFFIRMED.
Petitioner has filed a Notice indicating he is deleting his unexhausted claim of ineffective
assistance of counsel and wishes to proceed on his remaining claims. Petitioner’s unexhausted
claim of ineffective assistance of counsel shall be removed from the habeas corpus petition, and

the Magistrate Judge will issue a Report and Recommendation regarding Petitioner’s
remaining claim for relief.
IT IS SO ORDERED.
s/Algenon L. Marbley
ALGENON L. MARBLEY
United States District Judge
DATED: May 9, 2014

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