Glenn v. Warden, Warren Correctional Institution et al

Filing 60

REPORT AND RECOMMENDATIONS - Petitioner's Emergency Motion for Reconsideration (ECF No. 59) should be denied. Objections to R&R due by 9/25/2018. Signed by Magistrate Judge Michael R. Merz on 9/10/2018. (kpf)(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
DUSTIN GLENN,
Petitioner,

:

- vs -

Case No. 3:17-cv-435
District Judge Walter H. Rice
Magistrate Judge Michael R. Merz

PREBLE COUNTY SHERIFF
DEPARTMENT AND STATE OF
OHIO
:
Respondent.

REPORT AND RECOMMENDATIONS

This habeas corpus case is before the Court on Petitioner’s Emergency Motion for
Reconsideration (ECF No. 59).
On June 20, 2018, the undersigned filed a Report and Recommendations recommending
that the Petition herein be dismissed with prejudice (ECF No. 50). Petitioner sought and was
granted an extension of time until August 20, 2018, to file objections (Motion, ECF No. 51;
Notation Order, ECF No. 52). Petitioner never filed any substantive objections. However, on
August 1, 2018, he objected to the Magistrate Judge’s dissolving the writ of certiorari by which
his probate court file was obtained but not re-filed in this Court and sought further a twenty-day
extension of time to object to the Report (ECF No. 55). Re-filing the probate file here was denied,
but the extension of time was granted as requested (ECF No. 57). As of August 27, 2018, Glen
had filed no objections and District Judge Rice dismissed the case.

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In the Motion for Reconsideration mailed September 5, 2018, Glenn says he is now
incarcerated at the Correctional Reception Center in Orient, Ohio, and has been for thirty days
(ECF No. 59, PageID 399). He claims he has never received the order granting his extension of
time. Id. Finally, he asks the Court to order the Clerk to forward “the last two orders” to him at his
address of record, 16410 Scottsdale, third floor, Shekar Heights, Ohio 44120. Id.
The Motion for Reconsideration, although timely under Fed. R. Civ. P. 59(e), is without
merit. Glenn was given as much time as he requested to file objections and never did so. The
Clerk has been sending his mail to the Shaker Heights address, the same address he still asks us to
use. Even though he is incarcerated, he somehow got notice of the judgment at the Correctional
Reception Center. His Motion shows no error in the Court’s judgment and should be DENIED.

September 10, 2018.
s/ Michael R. Merz
United States Magistrate Judge

NOTICE REGARDING OBJECTIONS

Pursuant to Fed. R. Civ. P. 72(b), any party may serve and file specific, written objections to the
proposed findings and recommendations within fourteen days after being served with this Report
and Recommendations. Pursuant to Fed. R. Civ. P. 6(d), this period is extended to seventeen days
because this Report is being served by mail. Such objections shall specify the portions of the
Report objected to and shall be accompanied by a memorandum of law in support of the objections.
A party may respond to another party=s objections within fourteen days after being served with a
copy thereof. Failure to make objections in accordance with this procedure may forfeit rights on
appeal. See United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981); Thomas v. Arn, 474
U.S. 140, 153-55 (1985).

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