Woogerd v. Warden, Marion Correctional Institution

Filing 34

DECISION AND ORDER - The instant Objections (ECF No. 33 ) are STRICKEN. Signed by Magistrate Judge Michael R. Merz on 1/28/2019. (srb)(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 AT COLUMBUS
TIMOTHY WOOGERD,
Petitioner,

:

- vs -

Case No. 2:18-cv-104
District Judge Michael H. Watson
Magistrate Judge Michael R. Merz

LYNEAL WAINRIGHT, Warden,
Marion Correctional Institution
:
Respondent.

DECISION AND ORDER

This habeas corpus case is before the Court on Petitioner’s “Objections to Magistrate
Judge’s Supplemental Report and Recommendations” (Doc. No. 33). The document was received
by the Clerk on January 28, 2019. Based on Woogerd’s Certificate of Service, the Court takes
January 22, 2019, as the date the document was deposited in the prison mail system and therefore
its effective date of filing under Houston v. Lack, 487 U.S. 266 (1988).1
The Supplemental Report and Recommendations to which the Objections apply was filed
and served on October 30, 2018 (ECF No. 27). Woogerd was notified in the Supplemental Report
that his time to file objections would expire seventeen days thereafter or on November 17, 2018.
Id. at PageID 2397. He did indeed file Objections to the Supplemental Report November 15, 2018
(ECF No. 28, PageID 2407).

1

Although Woogerd claims it was sent by certified mail on January 22, 2019, the envelope in which it was received
shows it was sent by ordinary mail (ECF No. 33-2).

1

On January 8, 2019, Petitioner sought leave to expand his objections. but the Court denied
that Motion (ECF Nos. 31, 32). Now Petitioner has filed further Objections without court
permission.
Fed. R. Civ. P. 72 sets a limit of fourteen days on time for objections, extended to seventeen
days when served by mail. But the Rules of Civil Procedure do not permit a litigant to expand that
time merely by filing late.
The instant Objections (ECF No. 33) are STRICKEN.

January 28, 2019.
s/ Michael R. Merz
United States Magistrate Judge

2