Bays v. Warden Ohio State Penitentiary

Filing 215

ORDER ADOPTING REPORT AND RECOMMENDATIONS 213 - The Court has reviewed the Report and Recommendations of United States Magistrate Judge Michael R. Merz 213 , to whom this case was referred pursuant to 28 U.S.C. Section 636(b), and noting that no o bjections have been filed thereto and that the time for filing such objections under Fed. R. Civ. P. 72(b) has expired, hereby ADOPTS said Report and Recommendations, accordingly, it is ORDERED that Respondent's Motion to Dismiss 205 is DENIED. Signed by Judge Thomas M. Rose on 10-15-2015. (de)

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

:

- vs -

Case No. 3:08-cv-076
District Judge Thomas M. Rose
Magistrate Judge Michael R. Merz

WARDEN, Ohio State Penitentiary,
:
Respondent.

ORDER ADOPTING REPORT AND RECOMMENDATIONS

The Court has reviewed the Report and Recommendations of United States Magistrate
Judge Michael R. Merz (ECF No. 213), to whom this case was referred pursuant to 28 U.S.C. '
636(b), and noting that no objections have been filed thereto and that the time for filing such
objections under Fed. R. Civ. P. 72(b) has expired, hereby ADOPTS said Report and
Recommendations.
Accordingly, it is ORDERED that Respondent’s Motion to Dismiss (ECF No. 205) is
DENIED.
October 15, 2015.

*s/Thomas M. Rose
Thomas M. Rose
United States District Judge

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