Henness v. Warden Chillicothe Correctional Institution

Filing 42

ORDER adopting Report and Recommendations re 41 Report and Recommendation denying 27 Motion to Dismiss; no later than 30 days from the mandate respondent may renew their motion to dismiss. Signed by Judge Michael R. Barrett on 6/22/16. (ba)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
Warren Keith Henness,
Petitioner,
v.

Case No. 2:14cv2580

Warden, Chillicothe 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 May 10, 2016 (Doc. 41).
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. 41) of the
Magistrate Judge is hereby ADOPTED. Respondent’s Motion to Dismiss (Doc. 27) is
DENIED without prejudice consistent with the recommendation by the Magistrate Judge that
no later than thirty (30) days after the mandate shall issue in Adams II Respondent may
renew their Motion.
IT IS SO ORDERED.
s/Michael R. Barrett
Michael R. Barrett
United States District Judge

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