Dudley v. Warden, Marion Correctional Institution

Filing 22

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 21 - It is therefore ORDERED that Petitioners motion to stay (doc. 11 ) is DENIED; Respondents motion to dismiss (doc. 16 ) is GRANTED; Petitioners § 2254 petition for writ of habeas corpus is DISMISSED WITHOUT PREJUDICE; and the case is TERMINATED on the Courts docket. Signed by Judge Thomas M Rose on 04/16/12. (pb1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
RONALD DUDLEY,
Petitioner,

:

- vs -

Case No. 3:11-cv-349
District Judge Thomas M. Rose
Magistrate Judge Michael J. Newman

WARDEN, Marion Correctional
Institution,
Respondent.

:

ORDER ADOPTING REPORT AND RECOMMENDATION (DOC. 21)

The Court has reviewed the Report and Recommendations of United States Magistrate Judge
Michael J. Newman (doc. 21), to whom this case was referred pursuant to 28 U.S.C. § 636(b) and
Fed. R. Crim. P. 59, and noting that no objections have been filed thereto and that the time for filing
such objections under Fed. R. Civ. P. 59(b)(2) has expired, hereby ADOPTS said Report and
Recommendation.
It is therefore ORDERED that Petitioner’s motion to stay (doc. 11) is DENIED;
Respondent’s motion to dismiss (doc. 16) is GRANTED; Petitioner’s § 2254 petition for writ of
habeas corpus is DISMISSED WITHOUT PREJUDICE; and the case is TERMINATED on the
Court’s docket.

April 16, 2012

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