Whatley v. Warden Ross Correctional Institution, No. 2:2016cv00676 - Document 19 (S.D. Ohio 2017)

Court Description: OPINION AND ORDER: On 03/31/17, the Magistrate Judge issued a Report and Recommendation 14 recommending that Respondent's Motion to Dismiss be granted in part and denied in part. Respondent and Petitioner both filed an Objection to the Repor t and Recommendation. Respondent's Objection 15 and Petitioner's Objection 18 are overruled. The Report and Recommendation 14 is adopted and affirmed. Respondent's Motion to Dismiss 8 is granted as to habeas corpus claims 4 through 9, and denied as to claims 1 through 3. Respondent shall file a Return of Writ addressing the remaining habeas corpus claims 1 through 3 with 21 days. Petitioner may file a response within 14 days thereafter. Signed by Chief Judge Edmund A. Sargus on 06/02/2017. (dh1)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)