Townsend v. Knipper et al, No. 1:2014cv02700 - Document 19 (N.D. Ohio 2015)
Court Description: Memorandum Opinion and Order Adopting Report and Recommendation 17 denying w/out prejudice, respondent's Motion to dismiss Petition for Writ of Habeas Corpus 7 . Judge Dan A. Polster (C,KA)
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Townsend v. Knipper et al Doc. 19 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION NATASHA TOWNSEND, Petitioner, vs. MARC KNIPPER, et al., Respondent(s). ) ) ) ) ) ) ) ) ) CASE NO. 1:14CV2700 JUDGE DAN AARON POLSTER MEMORANDUM OF OPINION AND ORDER Before the Court is the Report and Recommendation of Magistrate Judge Kathleen B. Burke (“R & R”) (Doc #. 17), which recommends that Respondents’ Motion to Dismiss (Doc. # 7) be denied without prejudice. Under the relevant statute: Within fourteen days after being served with a copy, any party may serve and file written objections to such proposed findings and recommendations as provided by rules of court. A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made. 28 U.S.C. § 636(b)(1)(C) (emphasis added). The R&R was issued on November 10. It is now November 25, and Respondents have yet to file any written objection to the R&R. Dockets.Justia.com The Court has reviewed the Magistrate Judge’s R&R. The Court agrees with the Magistrate Judge that Respondents’ Motion to Dismiss should be denied. Accordingly, the Court ADOPTS the Magistrate Judge’s R&R (Doc. # 17) and DENIES without prejudice Respondents’ Motion to Dismiss (Doc. #7). IT IS SO ORDERED. /s/ Dan Aaron Polster Nov. 25, 2015 Dan Aaron Polster United States District Judge -2-
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