Elawyers Elawyers
Ohio| Change

Young v. Turner, 1:15-cv-637. (2018)

Court: District Court, S.D. Ohio Number: infdco20181023j55 Visitors: 5
Filed: Oct. 22, 2018
Latest Update: Oct. 22, 2018
Summary: REPORT AND RECOMMENDATIONS ON MOTION FOR RELIEF FROM JUDGMENT MICHAEL R. MERZ , Magistrate Judge . This habeas corpus case, brought pro se by Petitioner Aaron Young under 28 U.S.C. 2254, is before the Court on Petitioner's Motion for Relief from Judgment (ECF No. 53). The Magistrate Judge credits Petitioner's explanation that his Motion to Dismiss was filed in error, instead of being sent to an attorney for possible assistance. Therefore, pursuant to Fed. R. Civ. P. 60(b)(1), it is respe
More

REPORT AND RECOMMENDATIONS ON MOTION FOR RELIEF FROM JUDGMENT

This habeas corpus case, brought pro se by Petitioner Aaron Young under 28 U.S.C. § 2254, is before the Court on Petitioner's Motion for Relief from Judgment (ECF No. 53). The Magistrate Judge credits Petitioner's explanation that his Motion to Dismiss was filed in error, instead of being sent to an attorney for possible assistance.

Therefore, pursuant to Fed. R. Civ. P. 60(b)(1), it is respectfully recommended that the Motion for Relief from Judgment be GRANTED and this case be reinstated as pending on Objections to the Magistrate Judge's Reports and Recommendations.

NOTICE REGARDING OBJECTIONS

Pursuant to Fed. R. Civ. P. 72(b), any party may serve and file specific, written objections to the proposed findings and recommendations within fourteen days after being served with this Report and Recommendations. Pursuant to Fed. R. Civ. P. 6(d), this period is extended to seventeen days because this Report is being served by mail. .Such objections shall specify the portions of the Report objected to and shall be accompanied by a memorandum of law in support of the objections. If the Report and Recommendations are based in whole or in part upon matters occurring of record at an oral hearing, the objecting party shall promptly arrange for the transcription of the record, or such portions of it as all parties may agree upon or the Magistrate Judge deems sufficient, unless the assigned District Judge otherwise directs. A party may respond to another party's objections within fourteen days after being served with a copy thereof. Failure to make objections in accordance with this procedure may forfeit rights on appeal. See United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981); Thomas v. Arn, 474 U.S. 140, 153-55 (1985).

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer