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AHMED v. HOUK

United States District Court, S.D. Ohio, Western Division at Dayton
Sep 14, 2010
Case No. 2:07-cv-658 (S.D. Ohio Sep. 14, 2010)

Summary

stating that O'Bremski misconstrues Browder, and that Rule 12 motions are "completely appropriate" where otherwise applicable in habeas cases

Summary of this case from Hillsman v. Sugg

Opinion

Case No. 2:07-cv-658.

September 14, 2010


ORDER ADOPTING REPORT AND RECOMMENDATIONS


The Court has reviewed the Report and Recommendations of United States Magistrate Judge Michael R. Merz (Doc. No. 57), to whom this case was referred pursuant to 28 U.S.C. § 636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed.R.Civ.P. 72(b) expired on August 16, 2010, hereby ADOPTS said Report and Recommendations.

It is therefore ORDERED that Respondent's Motion to Dismiss (Doc. No. 39) be, and it hereby is denied without prejudice to Respondent's position on the merits of its procedural default defenses which should be adjudicated as part of deciding the case as a whole.

September 14, 2010.


Summaries of

AHMED v. HOUK

United States District Court, S.D. Ohio, Western Division at Dayton
Sep 14, 2010
Case No. 2:07-cv-658 (S.D. Ohio Sep. 14, 2010)

stating that O'Bremski misconstrues Browder, and that Rule 12 motions are "completely appropriate" where otherwise applicable in habeas cases

Summary of this case from Hillsman v. Sugg
Case details for

AHMED v. HOUK

Case Details

Full title:NAWAZ AHMED, Petitioner, v. MARC C. HOUK, Warden, Respondent

Court:United States District Court, S.D. Ohio, Western Division at Dayton

Date published: Sep 14, 2010

Citations

Case No. 2:07-cv-658 (S.D. Ohio Sep. 14, 2010)

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