Powell v. Warden Marion Correctional Institution, No. 2:2014cv02089 - Document 7 (S.D. Ohio 2015)

Court Description: OPINION AND ORDER granting 5 Motion to Dismiss; adopting Report and Recommendations re 6 Report and Recommendations. Signed by Judge James L. Graham on 9/15/2089. (ds)(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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Powell v. Warden Marion Correctional Institution Doc. 7 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION SHANE POWELL, CASE NO. 2:14-CV-02089 JUDGE JAMES L. GRAHAM Magistrate Judge Elizabeth P. Deavers Petitioner, v. WARDEN, MARION CORRECTIONAL INSTITUTION, Respondent. OPINION AND ORDER On August 25, 2015, the Magistrate Judge issued a Report and Recommendation (ECF No. 6) recommending that Respondent’s Motion to Dismiss (ECF No. 5) be granted and that this action be dismissed. Although the parties were advised of the right to object to the Magistrate Judge’s Report and Recommendation, and of the consequences of failing to do so, no objections have been filed. The Report and Recommendation (ECF No. 6) is ADOPTED and AFFIRMED. Respondent’s Motion to Dismiss (ECF No. 5) is GRANTED and this action is hereby DISMISSED without prejudice as unexhausted. IT IS SO ORDERED. Date: September 15, 2015 ______s/James L. Graham___ JAMES L. GRAHAM United States District Judge Dockets.Justia.com

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