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. SuggOpinion
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.