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Collins v. Shewalter

United States District Court, N.D. Ohio, Eastern Division
Apr 28, 2010
CASE NO. 1:09 CV 2427 (N.D. Ohio Apr. 28, 2010)

Opinion

CASE NO. 1:09 CV 2427.

April 28, 2010


Order


This matter is before the Court upon the Report and Recommendation of Magistrate Judge Gallas (Doc. 12). For the following reasons, the Report and Recommendation is ACCEPTED.

Petitioner, Jason M. Allen, commenced this action with the filing of a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. Petitioner moved for summary judgment on the basis of respondent's alleged failure to meet certain deadlines. The Magistrate Judge recommended that the motion for summary judgment be denied as respondent did not fail to meet the deadlines. Objections to the Report and Recommendation have not been filed.

When no objections have been filed this Court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation. See Advisory Committee Notes 1983 Addition to Federal Rule of Civil Procedure 72. Having found no clear error, the Court agrees with the Report and Recommendation and denies the motion for summary judgment.

For the foregoing reasons, the Report and Recommendation is accepted. This matter is to proceed on the Petition before Magistrate Judge Gallas.

IT IS SO ORDERED.


Summaries of

Collins v. Shewalter

United States District Court, N.D. Ohio, Eastern Division
Apr 28, 2010
CASE NO. 1:09 CV 2427 (N.D. Ohio Apr. 28, 2010)
Case details for

Collins v. Shewalter

Case Details

Full title:Larry Collins, Petitioner, v. Frank Shewalter, Warden, Respondent

Court:United States District Court, N.D. Ohio, Eastern Division

Date published: Apr 28, 2010

Citations

CASE NO. 1:09 CV 2427 (N.D. Ohio Apr. 28, 2010)