Bays v. Warden Ohio State Penitentiary

Filing 259

RECOMMITTAL ORDER - 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 i s hereby returned to the Magistrate Judge with instructions to file a supplemental report analyzing the Objections and any objections filed by Petitioner and making recommendations based on that analysis. Signed by Judge Thomas M. Rose on 10-16-2017. (de)

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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. RECOMMITTAL ORDER This capital habeas corpus case is before the Court on Objections by both parties (Doc. No. 257, 258) to the Magistrate Judge’s Report and Recommendations (Doc. No. 256). The Petitioner has also indicated an intention to object (see Doc. No. 187). 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 any objections filed by Petitioner and making recommendations based on that analysis. October 16, 2017 *s/Thomas M. Rose ______________________________ Thomas M. Rose United States District Judge 1

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