Brewer v. Warden Chillicothe Correctional Institution

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATIONS - Accordingly, it is ORDERED that Respondents Motion to Vacate Judgment is GRANTED and the case is hereby restored to the active docket of the United States Court for the Southern District of Ohio, Western Division at Dayton, for further consideration. Signed by Judge Thomas M Rose on 04/06/10. (pb1)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON WILLIAM C. BREWER, Petitioner, - vs STATE OF OHIO, Respondent. : : : : : Case No. 3:09-cv-462 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. #11), 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 Vacate Judgment is GRANTED and the case is hereby restored to the active docket of the United States Court for the Southern District of Ohio, Western Division at Dayton, for further consideration. April 6, 2010 *s/THOMAS M. ROSE Thomas M. Rose United States District Judge

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