Opinion
Case No. 3:06-cv-025.
February 10, 2006
ORDER WITHDRAWING REPORT AND RECOMMENDATIONS AND TO FILE AMENDED PETITION
This case is before the Court on Petitioner James A. Meeds's Objections (Doc. No. 3) to the Magistrate Judge's Report and Recommendations recommending, on initial review pursuant to Rule 4 of the Rules Governing § 2254 Cases, that the Petition be dismissed with prejudice and that Petitioner be denied leave to appeal in forma pauperis and a certificate of appealability (Doc. No. 2). The General Order of Reference for the Dayton location of court permits the Magistrate Judge to reconsider decisions or reports and recommendations when objections are filed.
Upon consideration of the Objections, the Report and Recommendations is WITHDRAWN.
In reviewing the file, the Court notes that the Petition was filed on the form prescribed for habeas corpus petitions before amendments of the Rules Governing § 2254 Cases which were effective December 1, 2004. Rule 2(d) requires that "[t]he petition must substantially follow either the form appended to these rules or a form prescribed by a local district-court rule." The Rules of the Southern District of Ohio do not prescribe any form governing filings under 28 U.S.C. § 2254 and the Court finds that the form used by Petitioner does not substantially follow the form appended to the national Rules.
Accordingly, it is hereby ORDERED that Petitioner file an amended petition in the form appended to the Rules Governing § 2254 Cases not later than March 1, 2006.