Taylor v. Warden Marion Correctional Institution

Filing 14

ENTRY AND ORDER OVERRULING PETITIONER'S OBJECTIONS 13 AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS 12 DENYING PETITIONER'S MOTION FOR RELIEF FROM JUDGMENT 10 . Signed by Judge Thomas M. Rose on 2-7-2017. (de)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON GUDONAVON TAYLOR Petitioner -vs- Case No. 3:16cv398 JIM BUNTING, WARDEN, Marion Correctional Institution Respondent District Judge Thomas M. Rose Magistrate Judge Michael R. Merz ________________________________________________________________ ENTRY AND ORDER OVERRULING PETITIONER’S OBJECTIONS (DOC. #13) AND ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATIONS(DOC#12) DENYING PETITIONER’S MOTION FOR RELIEF FROM JUDGMENT (DOC. #10) ________________________________________________________________ This matter comes before the Court pursuant to the Petitioner’s Objections (Doc. #13), filed January 17, 2017, to the Magistrate Judge’s Report and Recommendations (Doc. #12) filed January 4, 2017. The Court has conducted a de novo review of all filings in this matter and finds the Objections (Doc. #13) not to be well-founded and OVERRULES same, ADOPTING the Magistrate Judge’s Report and Recommendations (Doc. #12) DENYING Petitioner’s Motion for Relief from Judgment (Doc. #10) . In so ruling, this Court finds, as did the Magistrate Judge, that the Grounds for Relief asserted in the Petitioner’s Motion (Doc.#10) were not well founded. Petitioner was not diligent in proceeding pro se. Petitioner at the time of the Report and Recommendations was represented by counsel who made the decision not to object. Petitioner waited more than two months from the Court’s notice that he needed to discharge counsel in order to proceed pro se before taking such action. Therefore, this Court DENIES the Petitioner’s Motion (Doc. #10) for Relief from Judgment. IT IS SO ORDERED. February 7, 2017 s/THOMAS M. ROSE ___________________________________ JUDGE THOMAS M. ROSE United States District Court

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