Wallace v. Montgomery County Ohio/Montgomery County Board of Commissioners et al

Filing 54

ORDER OF RECUSAL. Magistrate Judge Michael R. Merz recused. Case reassigned to Magistrate Judge Michael J. Newman for all further proceedings. Signed by Magistrate Judge Michael R. Merz on 1/18/19. (pb)(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
DARYL WALLACE,
Plaintiff,

-

vs

:

Case No. 3:17-cv-183

District Judge Thomas M. Rose
Magistrate Judge Michael R. Merz

-

MONTGOMERY COUNTY OHIO/
MONTGOMERY COUNTY BOARD OF
COMMISSIONERS, et al.,

Defendants.

:

RECUSAL ORDER

This action under 42 U.S.C. § 1983 was filed May 24, 2017 (Complaint, ECF No. 1). At
the time of filing, the undersigned was designated as the Magistrate Judge to whom the case would
be referred if the District Judge ever took that action. No referral was made until January 18, 2019
(ECF No. 53). However, in the meantime the practice of the undersigned has been limited, by
agreement with all the Dayton judges, to habeas corpus actions under 28 U.S.C. §§ 2254 and 2255
and In re Ohio Execution Protocol Litig., Case No. 2:11-cv-1016, the set of consolidated cases
challenging Ohio’s method of execution.

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Accordingly, the undersigned hereby RECUSES himself from further judicial involvement
with this case and directs the Clerk to reassign it randomly to one of the full-time Magistrate Judges
resident at Dayton.

January 18, 2019.
s/ Michael R. Merz
United States Magistrate Judge

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