Jackson v. Mausser et al

Filing 14

ORDER granting 5 Motion to Dismiss; denying 10 Motion for Summary Judgment; adopting 12 Report and Recommendations.; granting 13 Motion to Dismiss. Signed by Judge Gregory L. Frost on 7/15/15. (kn)(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

NATHANIEL A. JACKSON,
Petitioner,
vs.

Civil Action 2:15-cv-313
Judge Frost
Magistrate Judge King

CYNTHIA MAUSSER, et al.,
Respondents.

ORDER
On June 26, 2015, the United States Magistrate Judge recommended
that respondent’s Motion to Dismiss, ECF No. 5, be granted. Report and
Recommendation, ECF No. 12.

Specifically, the Magistrate Judge

reasoned that, because the claim presented in the Petition had not
been the subject of a state court petition for a writ of mandamus, the
action should be dismissed without prejudice for failure to exhaust
petitioner’s state court remedies. Id. There has been no objection to
the Report and Recommendation. However, on July 6, 2015, petitioner
moved to voluntarily dismiss the action without prejudice so that he
may pursue that state court remedy. Motion for Voluntary Dismissal,
ECF No. 13.
The Report and Recommendation, ECF No. 12, is ADOPTED AND
AFFIRMED. Petitioner’s Motion for Summary Judgment, ECF No. 10, is
DENIED and respondent’s Motion to Dismiss, ECF NO. 5, is GRANTED.
Petitioner’s Motion for Voluntary Dismissal, ECF No. 13, is likewise

GRANTED.
This action is hereby DISMISSED without prejudice for failure to
exhaust.
The Clerk is DIRECTED to enter FINAL JUDGMENT in this action.

/s/

GREGORY L. FROST
Gregory L. Frost
United States District Judge