Starkey v. Warden Chillicothe Correctional Institution

Filing 9

ORDER ADOPTING and AFFIRMING the REPORT AND RECOMMENDATION 8 in that 4 Motion to Dismiss filed by Warden Chillicothe Correctional Institution is GRANTED. Signed by Judge George C. Smith on 2/13/17. (sem)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION DONALD STARKEY, Petitioner, vs. Case No.: 2:16-cv-525 JUDGE GEORGE C. SMITH Magistrate Judge Jolson WARDEN, CHILLICOTHE CORRECTIONAL INSTITUTION, Respondent. ORDER On January 27, 2017, the United States Magistrate Judge issued a Report and Recommendation recommending that Respondent’s Motion to Dismiss be granted and that this action be dismissed. (See Report and Recommendation, Doc. 8). The parties were specifically advised of their right to object to the Report and Recommendation and of the consequences of their failure to do so. There has nevertheless been no objection to the Report and Recommendation. The Report and Recommendation is hereby ADOPTED and AFFIRMED. Respondent’s Motion to Dismiss is GRANTED. This action is hereby DISMISSED. Additionally, Petitioner’s Motion for Expansion of Record pursuant to Rule 7 is DENIED. The Clerk shall remove Documents 4, 5, and 8 from the Court’s pending motions list and terminate this case. IT IS SO ORDERED. /s/ George C. Smith GEORGE C. SMITH, JUDGE UNITED STATES DISTRICT COURT

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