Huber, Jr v. Warden, Chilicothe Correctional Institution

Filing 56

ORDER ADOPTING REPORT AND RECOMMENDATIONS - The Court has reviewed the Report and Recommendations of United States Magistrate Judge Michael R. Merz 55 , and noting that no objections have been filed thereto and that the time for filing such objectio ns under Fed. R. Civ. P. 72 (b) has expired, hereby ADOPTS said Report and Recommendations. It is ORDERED that the Petition for Writ of Habeas Corpus be GRANTED on terms that Petitioner be released unless the Second District Court of Appeals reopens his direct appeal and reaffirms his conviction not later than six months from the date of final judgment in this case. Signed by Judge Thomas M. Rose on 6-29-2015. (de)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

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

:

Petitioner,

Case No. 3:11-cv-8

- vs -

District Judge Thomas M. Rose
Magistrate Judge Michael R. Merz

WARDEN, Chillicothe Correctional
Institution,
Respondent.

:

ORDER ADOPTING REPORT AND RECOMMENDATIONS

The Court has reviewed the Report and Recommendations of United States Magistrate Judge
Michael R. Merz (Doc. #55), 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 for Writ of Habeas Corpus be
GRANTED on terms that Petitioner be released unless the Second District Court of Appeals
reopens his direct appeal and reaffirms his conviction not later than six months from the date of
final judgment in this case.
June 26, 2015

*s/Thomas M. Rose

Thomas M. Rose
United States District Judge