Burney Sr. v. Shoop, No. 2:2021cv03422 - Document 15 (S.D. Ohio 2022)
Court Description: DECISION AND ORDER - The Report and Recommendation (ECF No. 13) is WITHDRAWN. Although the caption of the Motion represents Petitioner is prepared to file a reply instanter, the Motion in fact requests an extension of time to file a reply to and including March 17, 2022, which is GRANTED. Signed by Magistrate Judge Michael R. Merz on 2/18/2022. (kpf)
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Burney Sr. v. Shoop Doc. 15 Case: 2:21-cv-03422-ALM-MRM Doc #: 15 Filed: 02/18/22 Page: 1 of 2 PAGEID #: 806 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION AT COLUMBUS PERCY R. BURNEY, SR., Petitioner, : - vs - Case No. 2:21-cv-3422 Chief Judge Algenon L. Marbley Magistrate Judge Michael R. Merz TIM SHOOP, Warden, Chillicothe Correctional Institution, : Respondent. DECISION AND ORDER This habeas corpus case is before the Court on Petitioner’s Motion To Vacate Report And Recommendation and for Extension of Time to Reply Instanter to Respondent’s Answer to Petition (ECF No. 14). Petitioner reports that the Motion is unopposed by Respondent. Accordingly, and for good cause shown, the Report and Recommendation (ECF No. 13) is WITHDRAWN1. Although the caption of the Motion represents Petitioner is prepared to file a reply instanter, the Motion in fact requests an extension of time to file a reply to and including March 17, 2022, which is GRANTED. 1 The Report is withdrawn rather than vacated because the case remains referred to the Magistrate Judge. 1 Dockets.Justia.com Case: 2:21-cv-03422-ALM-MRM Doc #: 15 Filed: 02/18/22 Page: 2 of 2 PAGEID #: 807 With the Court’s best wishes for counsel’s continued recovery of good health, IT IS SO ORDERED. February 18, 2022. s/ Michael R. Merz United States Magistrate Judge 2
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