Marshall v. Warden Pickaway Correctional Institution

Filing 23

ORDER ADOPTING REPORT AND RECOMMENDATIONS. This case is DISMISSED. Signed by Judge Algenon L. Marbley on 9/28/2016. (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
KENNETH ADAM MARSHALL,
CASE NO. 2:15-CV-02775
JUDGE ALGENON L. MARBLEY
MAGISTRATE JUDGE KEMP

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

OPINION AND ORDER
On August 31, 2016, the Magistrate Judge issued a Report and Recommendation and
Order recommending that the instant petition for a writ of habeas corpus pursuant to 28 U.S.C.
2254 be dismissed without prejudice to Petitioner’s ability to pursue relief against the
appropriate Indiana officials should he find himself to be in custody under the warrants at issue
in this case. The Order and Report and Recommendation also resolved various motions that
have been filed by Petitioner in regard to this case. (ECF No. 21.)
Although the parties were advised of the right to object to the Magistrate Judge’s Report
and Recommendation and Order, and of the consequences of failing to do so, no objections have
been filed.

The docket indicates that notification of the Magistrate Judge’s Report and

Recommendation and Order was returned as not deliverable and unable to forward (see ECF No.
22); however, it is the Petitioner’s responsibility to keep the Court advised of his current
whereabouts.
Therefore, the Report and Recommendation and Order (ECF No. 21) is ADOPTED and
AFFIRMED. All pending motions shall be removed from the docket as indicated in the
Magistrate Judge’s Report and Recommendation and Order.

This action is hereby DISMISSED.
IT IS SO ORDERED.
s/Algenon L. Marbley
ALGENON L. MARBLEY
United States District Judge

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