Bays v. Warden Ohio State Penitentiary

Filing 141

RECOMMITTAL ORDER - this matter is hereby returned to the Magistrate Judge withinstructions to file a supplemental report analyzing the Objections and Response and making recommendations based on that analysis. Signed by Judge Thomas M Rose on 11/20/12. (kje1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
RICHARD BAYS,
:
Petitioner,

Case No. 3:08-cv-076
:

District Judge Thomas M. Rose
Magistrate Judge Michael R. Merz

-vsWARDEN, Ohio State Penitentiary,
:
Respondent.

RECOMMITTAL ORDER
This case is before the Court on Petitioner’s Objections (Doc. No. 139) to the Magistrate
Judge’s Report and Recommendations (Doc. No. 137) on Petitioner’s Motion for Certificate of
Appealability (Doc. No. 128). As permitted by Fed. R. Civ. P. 72, the Respondent has filed a
Response to those Objections (Doc. No. 140).
The District Judge has preliminarily considered the Objections and believes they will be
more appropriately resolved after further analysis by the Magistrate Judge.

Accordingly,

pursuant to Fed. R. Civ. P. 72(b)(3), this matter is hereby returned to the Magistrate Judge with
instructions to file a supplemental report analyzing the Objections and Response and making
recommendations based on that analysis.
DONE AND ORDERED this Twentieth Day of November, 2012.

s/Thomas M. Rose
________________
THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE

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