ROYSTER v. MAUSSER, 2:15-cv-01345. (2015)
Court: District Court, S.D. Ohio
Number: infdco20151118b82
Visitors: 11
Filed: Nov. 17, 2015
Latest Update: Nov. 17, 2015
Summary: ORDER GREGORY L. FROST , District Judge . On November 6, 2015, the Magistrate Judge recommended that Respondent's Motion to Dismiss (ECF No. 7) be granted and that this action be dismissed as unexhausted. Report and Recommendation (ECF No. 8). In response to the recommendation, Objection (ECF No. 9), Petitioner appears to acknowledge that a state court remedy remains available to him and he asks that the case be voluntarily dismissed so that he can pursue that remedy. Petitioner's r
Summary: ORDER GREGORY L. FROST , District Judge . On November 6, 2015, the Magistrate Judge recommended that Respondent's Motion to Dismiss (ECF No. 7) be granted and that this action be dismissed as unexhausted. Report and Recommendation (ECF No. 8). In response to the recommendation, Objection (ECF No. 9), Petitioner appears to acknowledge that a state court remedy remains available to him and he asks that the case be voluntarily dismissed so that he can pursue that remedy. Petitioner's re..
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ORDER
GREGORY L. FROST, District Judge.
On November 6, 2015, the Magistrate Judge recommended that Respondent's Motion to Dismiss (ECF No. 7) be granted and that this action be dismissed as unexhausted. Report and Recommendation (ECF No. 8). In response to the recommendation, Objection (ECF No. 9), Petitioner appears to acknowledge that a state court remedy remains available to him and he asks that the case be voluntarily dismissed so that he can pursue that remedy.
Petitioner's request for the voluntary dismissal of the case is GRANTED. In granting this motion, the Court expresses no opinion as to the timeliness of any future federal habeas corpus action that Petitioner might file.
This action is hereby DISMISSED.
Source: Leagle
