Opinion
CASE NO. 2:14-CV-1459
04-17-2015
RODNEY D. ZEUNE, Petitioner, v. WARDEN, FRANKLIN MEDICAL CENTER, Respondent.
MAGISTRATE JUDGE KEMP
OPINION AND ORDER
On February 27, 2015, the Magistrate Judge issued a Report and Recommendation recommending that Petitioner's motion to amend the petition to delete ground three of his habeas corpus petition (ECF 9) be GRANTED, that Respondent's motion to dismiss (ECF 8) be DENIED, and that Respondent be directed to file a return of writ addressing habeas corpus grounds one and two within twenty-one days. Although the parties were advised of the right to object to the Magistrate Judge's Report and Recommendation, and of the consequences of failing to do so, no objections have been filed.
The Report and Recommendation is ADOPTED and AFFIRMED. Petitioner's motion to amend the petition to delete ground three of the habeas corpus petition (ECF 9) is GRANTED. Respondent's motion to dismiss (ECF 8) is DENIED.
Respondent is DIRECTED to file a response to habeas corpus grounds one and two within twenty-one (21) days.
IT IS SO ORDERED.
s/Algenon L. Marbley
ALGENON L. MARBLEY
United States District Judge