Bays v. Warden Ohio State Penitentiary

Filing 268

RECOMMITTAL ORDER - re 267 Appeal of Magistrate Judge Decision to District Court, filed by Richard Bays - The District Judge has preliminarily considered the Objections and believes they will be more appropriately resolved after further analys is 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. Signed by Judge Thomas M. Rose on 12-1-2017. (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.

RECOMMITTAL ORDER

This capital habeas corpus case is before the Court on Objections/Appeal by Petitioner
(Doc. No. 267) to the Magistrate Judge’s Substituted Report and Recommendations (Doc. No.
265).
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.
December 1, 2017.

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

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