Dixon v. Warden Southern Ohio Correctional Facility

Filing 55

REPORT AND RECOMMENDATIONS - Petitioner's Motion for Summary Judgment 54 should be denied. Objections to R&R due by 2/4/2025. Signed by Magistrate Judge Michael R. Merz on 1/21/2025. (kpf)(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
WILLIAM R. DIXON,
Petitioner,

:

- vs -

Case No. 3:11-cv-150
District Judge Thomas M. Rose
Magistrate Judge Michael R. Merz

WARDEN, Southern Ohio
Correctional Facility,
:
Respondent.

REPORT AND RECOMMENDATIONS

This habeas corpus case, brought pro se by Petitioner William Dixon under 28 U.S.C. §
2254, is before the Court on Petitioner’s Motion for Summary Judgment (ECF No. 54). Petitioner
seeks a reduction in his sentence under Fed. R. Crim. P. 35(b).
The Federal Rules of Criminal Procedure do not apply to state criminal convictions. They
do not authorize this Court to reduce a state court’s sentence. A motion for reduction of sentence
under Rule 35(b) can, in any event, only be made by the United States Attorney.
Accordingly, Petitioner’s Motion for Summary Judgment should be denied.
January 21, 2025.
s/ Michael R. Merz
United States Magistrate Judge

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NOTICE REGARDING OBJECTIONS

Pursuant to Fed. R. Civ. P. 72(b), any party may serve and file specific, written objections to the
proposed findings and recommendations within fourteen days after being served with this Report
and Recommendations. Because this document is being served by mail, three days are added under
Fed.R.Civ.P. 6, but service is complete when the document is mailed, not when it is received. Such
objections shall specify the portions of the Report objected to and shall be accompanied by a
memorandum of law in support of the objections. A party may respond to another party’s
objections within fourteen days after being served with a copy thereof. Failure to make objections
in accordance with this procedure may forfeit rights on appeal. 

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