Ealy v. Schulte

Filing 5

ORDER ADOPTING REPORT AND RECOMMENDATIONS 3 that the Petition is dismissed without prejudice for lack of exhaustion of state court remedies. Signed by Judge Thomas M. Rose on 3/31/09. (bev1, )

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON
LARRY E. EALY, Plaintiff, - vs DR. JEROME SHULTE Defendant. : : : : Case No. 3:09-cv-98 District Judge Thomas M. Rose Magistrate Judge Michael R. Merz

ORDER ADOPTING REPORT AND RECOMMENDATIONS

The Court has reviewed the Report and Recommendations of United States Magistrate Judge Michael R. Merz (Doc. #3), 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 hereby ORDERED that the Petition is dismissed without prejudice for lack of exhaustion of state court remedies. March 31, 2009. *S/THOMAS M. ROSE Thomas M. Rose United States District Judge