Morris v. Warden, No. 2:2008cv01176 - Document 18 (S.D. Ohio 2009)
Court Description: OPINION AND ORDER. Petitioner is DIRECTED to advise the Court within seven (7) days whether it remains his intention to withdraw his habeas corpus petition. Failure to do so may result in dismissal of this action. Signed by Magistrate Judge Mark R. Abel on 8/25/2009. (pes1)
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION KRISTOFFER MORRIS, CASE NO. 2:08-cv-1176 JUDGE GRAHAM MAGISTRATE JUDGE ABEL Petitioner, v. PHILIP KERNS, Warden, Respondent. OPINION AND ORDER On July 20, 2009, the Magistrate Judge issued a Report and Recommendation recommending that petitioner s request for a stay be denied, and that the petition for a writ of habeas corpus be dismissed. Thereafter, on August 6, 2009, petitioner filed a motion for voluntary dismissal of his habeas corpus petition without prejudice so that he may exhaust state court remedies as to his claims. Doc. No. 17. However, the statute of limitations may bar petitioner from re-filing this habeas corpus petition. See 28 U.S.C. 2244(d). Petitioner has the option of filing objections to the Report and Recommendation and appealing any adverse decision to the United States Court of Appeals for the Sixth Circuit. Therefore, petitioner is DIRECTED to advise the Court within seven (7) days whether it remains his intention to withdraw his habeas corpus petition. Failure to do so may result in dismissal of this action. IT IS SO ORDERED. s/Mark R. Abel United States Magistrate Judge
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