Powell v. Warden Marion Correctional Institution

Filing 7

OPINION AND ORDER granting 5 Motion to Dismiss; adopting Report and Recommendations re 6 Report and Recommendations. Signed by Judge James L. Graham on 9/15/2089. (ds)(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
SHANE POWELL,
CASE NO. 2:14-CV-02089
JUDGE JAMES L. GRAHAM
Magistrate Judge Elizabeth P. Deavers

Petitioner,
v.
WARDEN, MARION
CORRECTIONAL INSTITUTION,
Respondent.

OPINION AND ORDER
On August 25, 2015, the Magistrate Judge issued a Report and Recommendation (ECF
No. 6) recommending that Respondent’s Motion to Dismiss (ECF No. 5) be granted and that this
action be dismissed. 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 (ECF No. 6) is ADOPTED and AFFIRMED.
Respondent’s Motion to Dismiss (ECF No. 5) is GRANTED and this action is hereby
DISMISSED without prejudice as unexhausted.
IT IS SO ORDERED.
Date: September 15, 2015
______s/James L. Graham___
JAMES L. GRAHAM
United States District Judge