Huber, Jr v. Warden, Chilicothe Correctional Institution

Filing 27

ORDER ADOPTING REPORT AND RECOMMENDATIONS ON PETITIONER'S MOTION FOR SUMMARY JUDGMENT 15 . It is therefore ORDERED that Petitioner's Motion for Summary Judgment be and it hereby is, DENIED. Signed by Judge Thomas M Rose on 9/17/13. (ep)

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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 REPORT AND RECOMMENDATIONS ON PETITIONER’S MOTION FOR SUMMARY JUDGMENT The Court has reviewed the Supplemental Report and Recommendations of United States Magistrate Judge Michael R. Merz (Doc. No. 25), 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) expired on September 9, 2013, hereby ADOPTS said Report and Recommendations. It is therefore ORDERED that Petitioner’s Motion for Summary Judgment be, and it hereby is, DENIED. September 17, 2013 s/Thomas M. Rose ______________________________ Thomas M. Rose United States District Judge 1

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