Slagle v. Warden Belmont Correctional Institution

Filing 7

DECISION AND ORDER WITHDRAWING REPORT AND RECOMMENDATIONS AND GRANTING MOTION TO AMEND. Signed by Magistrate Judge Michael R Merz on 12/17/12. (pb1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
JOHN WESLEY SLAGLE,
:
Petitioner,

Case No. 3:12-cv-367
:

District Judge Walter Herbert Rice
Magistrate Judge Michael R. Merz

-vsMICHELE MILLER, Warden,
Belmont Correctional Institution,
:
Respondent.

DECISION AND ORDER WITHDRAWING REPORT AND
RECOMMENDATIONS AND GRANTING MOTION TO AMEND
This habeas corpus case is presently pending on a Report and Recommendations, made
under Rule 4 of the Rules Governing § 2254 cases, to dismiss the Petition on initial review (Doc.
No. 3). Petitioner has filed Objections (Doc. No. 5) and a simultaneous Motion to Amend (Doc.
No. 6).
28 U.S.C. § 2242 provides that a habeas corpus petition may be amended as provided in
the Federal Rules of Civil Procedure. Fed. R. Civ. P. 15, in turn, allows a civil complaint to be
amended once as a matter of course within twenty-one days after services of a responsive
pleading. Because a habeas corpus petition is one to which a responsive pleading is required,
Petitioner is entitled to amend. The Motion to Amend is GRANTED. Because the pending
Report and Recommendations addresses the unamended Petition, it is moot and is hereby
WITHDRAWN. The Magistrate Judge deems the Petition as amended now ripe for Rule 4
review.

1

December 17, 2012.
s/ Michael R. Merz
United States Magistrate Judge

2