Childers v. Warden Chillicothe Correctional Institution, No. 2:2013cv00991 - Document 14 (S.D. Ohio 2014)

Court Description: OPINION AND ORDER overruling 13 the Petitioner's Objection to 11 the Magistrate Judge's 06/26/14 Report and Recommendation and adopting and affirming the Report and Recommendation. Petitioner's request for a stay is denied. Petit ioner's request to delete this claim and proceed on his remaining exhausted claims is granted. Respondent's Motion to Dismiss 9 is accordingly denied as moot to the extent that Petitioner's unexhausted claim of ineffective assistanc e of appellate counsel is now deleted from the Petition. Respondent is directed to file an answer to the Petition that complies with Rule 5 of the Rules Governing Section § 2254 Cases in the U.S. District Courts within 21 days. Petitioner may file a response within 21 days thereafter. Signed by Judge Edmund A Sargus on 08/04/2014. (dh1)