Zeune v. Warden, Francisco Pineda

Filing 12

ORDER denying 8 Motion to Dismiss; granting 9 Motion to Amend/Correct; adopting Report and Recommendations re 11 Report and Recommendations. Respondent is DIRECTED to file a response to habeas corpus grounds one and two within twenty-one (21) days. Signed by Judge Algenon L. Marbley on 4/17/2015. (cw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
RODNEY D. ZEUNE,
CASE NO. 2:14-CV-1459
JUDGE ALGENON L. MARBLEY
MAGISTRATE JUDGE KEMP

Petitioner,
v.
WARDEN, FRANKLIN MEDICAL
CENTER,
Respondent.

OPINION AND ORDER
On February 27, 2015, the Magistrate Judge issued a Report and Recommendation
recommending that Petitioner’s motion to amend the petition to delete ground three of
his habeas corpus petition (ECF 9) be GRANTED, that Respondent’s motion to dismiss
(ECF 8) be DENIED, and that Respondent be directed to file a return of writ addressing
habeas corpus grounds one and two within twenty-one days. 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’s

motion to amend the petition to delete ground three of the habeas corpus petition (ECF
9) is GRANTED. Respondent’s motion to dismiss (ECF 8) is DENIED.
Respondent is DIRECTED to file a response to habeas corpus grounds one and
two within twenty-one (21) days.

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IT IS SO ORDERED.

s/Algenon L. Marbley
ALGENON L. MARBLEY
United States District Judge

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