Galluzzo v. State of Ohio, et al. et al, No. 3:2017cv00218 - Document 20 (S.D. Ohio 2018)
Court Description: DECISION AND ENTRY ADOPTING SUPPLEMENTAL REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE MERZ 18 , OVERRULING PETITIONER'S OBJECTIONS 16 , 19 TO MAGISTRATE'S REPORT AND RECOMMENDATIONS, 15 , 18 , DENYING PETITION FOR WRIT OF HABEAS CORPUS, 1 , AND TERMINATING THE INSTANT CASE. Signed by Judge Thomas M. Rose on 1-19-2018. (de)(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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Galluzzo v. State of Ohio, et al. et al Doc. 20 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON Michael A. Galluzzo, Petitioner, Case No. 3:17-cv-218 Judge Thomas M. Rose v. State of Ohio, et al., Respondent. DECISION AND ENTRY ADOPTING SUPPLEMENTAL REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE MERZ (ECF 18), OVERRULING PETITIONER=S OBJECTIONS (ECF 16, 19) TO MAGISTRATE=S REPORT AND RECOMMENDATIONS, (ECF 15, 18), DENYING PETITION FOR WRIT OF HABEAS CORPUS, (ECF 1), AND TERMINATING THE INSTANT CASE. On September 15, 2017, Magistrate Judge Michael R. Merz filed a Report and Recommendation, (ECF 15), suggesting that the Court deny Petitioner Michael A. Galluzzo’s Petition for a Writ of Habeas Corpus, (ECF 1), as Petitioner has failed to exhaust available state court remedies. Petitioner filed Objections to the Magistrate=s Report and Recommendations, (ECF 16), prompting the Magistrate Judge to file a Supplemental Report and Recommendation. (ECF 18). Petitioner then filed objections to the Magistrate’s Supplemental Report and Recommendation. (ECF 19). As required by 28 U.S.C. ' 636(b) and Federal Rule of Civil Procedure 72(b), the Court has made a de novo review of the record in this case, taking into consideration both of Petitioner’s objections. Upon said review, the Court finds that Plaintiff=s objections, (ECF 16, 19), to the Dockets.Justia.com Magistrate Judge=s Supplemental Report and Recommendations, (ECF 18), are not well taken and they are hereby OVERRULED. Wherefore, the Court ADOPTS IN FULL the Magistrate Judge=s Report and Recommendations. (ECF 18). Petition for a Writ of Habeas Corpus, (Doc. 1), is hereby DISMISSED WITHOUT PREJUDICE. DONE and ORDERED this Friday, January 19, 2018. s/Thomas M. Rose ________________________________ THOMAS M. ROSE UNITED STATES DISTRICT JUDGE 2
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