Franklin v. Warden, Chillicothe Correctional Institution

Filing 22

ORDER ADOPTING REPORT AND RECOMMENDATIONS (Doc. 19 ). Petitioner is granted leave to move to file an amended petition no later than October 6, 2015, which conforms to the requirements set forth in the Report and Recommendations and the Magistrate Judge's subsequent Notation Order of October 1, 2015. Signed by Judge Timothy S. Black on 10/3/2015. (mr)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
ANTONIO SANCHEZ FRANKLIN,
Petitioner,
- vs -

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Case No. 3:12-cv-312

:
:

District Judge Timothy S. Black
Magistrate Judge Michael R. Merz

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NORMAN ROBINSON, Warden,
:
Respondent.
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ORDER ADOPTING REPORT AND RECOMMENDATIONS (Doc. 19)
This case is before the Court on Respondent’s motion to dismiss Petitioner’s habeas
petition (Doc. 15), and the parties’ responsive memoranda (Docs. 17, 18). On September 10,
2015, United States Magistrate Judge Michael R. Merz, to whom this case is referred
pursuant to 28 U.S.C. ' 636(b), issued his Report and Recommendations as to Respondent’s
motion, recommending that the habeas petition be dismissed without prejudice and that
Petitioner be granted leave to move to file an amended petition no later than September 30,
2015. (Doc. 19). No objections were filed to the Report and Recommendations, and the time
for such filings expired on September 28, 2015. (Id.; see Fed. R. Civ. P. 72(b)).
On September 30, 2015, Petitioner filed an amended habeas corpus petition. (Doc.
20). Respondent immediately moved to strike the petition, arguing that the Report and
Recommendations proposed granting leave to move to file an amended petition. (Doc. 21).
On October 1, 2015, Magistrate Judge Merz granted by notation order Respondent’s motion

to strike. (See Not. Order, Oct. 1, 2015). Additionally, however, Magistrate Judge Merz, sua
sponte, extended the deadline for Petitioner to move to file an amended petition to October 6,
2015. (Id.)
As required by 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b), the Court has reviewed
the comprehensive findings of the Magistrate Judge and considered de novo all of the filings
in this matter. Upon consideration of the foregoing, the Court determines that such Report
and Recommendations (Doc. 19) should be, and is hereby, ADOPTED in its entirety, but for
the deadline by which Petitioner must move to file an amended petition, which was extended
per the Magistrate Judge’s October 1, 2015 notation order. Accordingly, Petitioner is granted
leave to move to file an amended petition no later than October 6, 2015, which conforms to
the requirements set forth in the Report and Recommendations and the Magistrate Judge’s
subsequent Notation Order of October 1, 2015.
IT IS SO ORDERED.
Date: 10/3/15

s/ Timothy S. Black
Timothy S. Black
United States District Judge

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