Huber, Jr v. Warden, Chilicothe Correctional Institution

Filing 17

ORDER re 14 MOTION to Reopen Case filed by Joseph W Huber, Jr. Accordingly, the Motion to Reopen is GRANTED. Signed by Judge Thomas M Rose on 7/2/2013. (kf)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
JOSEPH W. HUBER, JR.,
Petitioner,

:

- vs -

Case No. 3:11-cv-008
District Judge Thomas M. Rose
Magistrate Judge Michael R. Merz

WARDEN, Chillicothe Correctional
Institution,
:
Respondent.

ORDER

This habeas corpus case was dismissed voluntarily and without prejudice on May 18,
2011, on Petitioner’s Motion because of concerns about exhaustion of state court remedies (Doc.
Nos. 6, 7). On June 5, 2013, Petitioner moved to reopen this case because he had exhausted
those remedies (Doc. No. 14). Under S. D. Ohio Civ. R. 7.2, Respondent’s time to oppose that
Motion expired July 1, 2013, and no memorandum contra was filed.
Accordingly, the Motion to Reopen is GRANTED.
July 2, 2013.

s/THOMAS M. ROSE
______________________________
Thomas M. Rose
United States District Judge