Brown v. Warden, London Correctional Institute

Filing 33

ORDER: (1) ADOPTING THE DECISION AND ORDER OF THE UNITED STATES MAGISTRATE JUDGE (DOC. NO. 31 ); (2) OVERRULING PETITIONER'S OBJECTIONS (DOC. NO. 32 ); AND (3) DENYING PETITIONER'S MOTION TO RECONSIDER (DOC. NO. 30 ). Signed by Judge Michael J. Newman on 4/28/2021. (srb)(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 LARRY E. BROWN, II, Petitioner, Case No. 3:20-cv-113 vs. District Judge Michael J. Newman Magistrate Judge Michael R. Merz NORMAN ROBINSON, Warden, Lebanon Correctional Institution, Respondent. ______________________________________________________________________________ ORDER: (1) ADOPTING THE DECISION AND ORDER OF THE UNITED STATES MAGISTRATE JUDGE (DOC. NO. 31); (2) OVERRULING PETITIONER’S OBJECTIONS (DOC. NO. 32); AND (3) DENYING PETITIONER’S MOTION TO RECONSIDER (DOC. NO. 30) ______________________________________________________________________________ This habeas corpus case is before the Court on the Decision and Order on Reconsideration (doc. no. 31) issued by United States Magistrate Judge Michael R. Merz, to whom this case was referred pursuant to 28 U.S.C. § 636(b). Pro se Petitioner filed objections to the Decision and Order on Reconsideration. Doc. No. 32. As required by 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(a), the Court has reviewed the comprehensive findings of the Magistrate Judge and considered de novo all filings in this matter, including Petitioner’s objections. Upon careful de novo consideration of the foregoing, the Court determines that the Decision and Order on Reconsideration (doc. no. 31) should be adopted and that Petitioner’s objections (doc. no. 32) should be overruled. Accordingly, the Court: (1) ADOPTS the Decision and Order of the Magistrate Judge (doc. no. 31) in its entirety; (2) OVERRULES Petitioner’s objections (doc. no. 32); and (3) DENIES Petitioner’s motion to reconsider the Court’s denial of his prior motion to stay (doc. no. 30). 1 IT IS SO ORDERED. April 28, 2021 s/ Michael J. Newman Hon. Michael J. Newman United States District Judge 2

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