Worth v. Warden Toledo Correctional Institution, No. 2:2013cv00775 - Document 21 (S.D. Ohio 2014)

Court Description: ORDER: This matter is before the Court on Petitioner's 07/23/14 objections to the Magistrate Judge's recommendation and request to vacate the Judgment. On 5/6/14 the Magistrate Judge issued a Report and Recommendation that this action be dismissed. Petitioner was granted until 7/20/14 to file objections to the R&R. However, Final Judgment was entered on 7/1/14. Petitioner's objections were signed on 7/16 and filed on 7/23/14. The Court accepts Petitioner's objections as timely filed. The 7/1/14 Final Judgment 19 is VACATED. Petitioner's Objection 20 is denied. The Report and Recommendation 13 is again ADOPTED and AFFIRMED. The claims asserted in the Petition are either procedurally defaulted or without merit. This action is DISMISSED. The Clerk is DIRECTED to enter FINAL JUDGMENT. Signed by Judge Edmund A Sargus on 08/05/2014. (dh1)