Lynch v. Hudson

District Court, S.D. Ohio

Lynch v. Hudson

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

Ralph Lynch,

Petitioner,

v. Case No. 2:07-cv-948

Stewart Hudson, Warden, Judge Michael R. Barrett

Respondent. ORDER

This matter is before the Court on the Report and Recommendation (“R&R”) filed by the Magistrate Judge on August 10, 2022 (Doc. 145).1 The R&R (Doc. 145) of the Magistrate Judge is hereby ACCEPTED and ADOPTED. Consistent with the recommendation by the Magistrate Judge (and based on the Suggestion of Death of Petitioner Ralph Lynch (Doc. 144) filed by his counsel), Lynch’s Petition under

28 U.S.C. § 2254

for a Writ of Habeas Corpus (Doc. 11) is hereby DISMISSED with prejudice. The sole pending motion (Doc. 104) remaining for decision in this case is DENIED as moot and Petitioner’s outstanding objections (Docs. 133, 141) to the various Reports and Recommendations (Docs. 118, 130, 138) by the Magistrate Judge regarding this motion are OVERRULED as moot. IT IS SO ORDERED. /s/ Michael R. Barrett JUDGE MICHAEL R. BARRETT

1 Proper notice was given to the parties under

28 U.S.C. § 636

(b)(1)(C), including notice that they may forfeit rights on appeal if they failed to file objections to the R&R in a timely manner. United States v. Walters,

638 F.2d 947

(6th Cir. 1981); see Berkshire v. Dahl,

928 F.3d 520, 530

(6th Cir. 2019). No objections to the Magistrate Judge’s R&R (Doc. 145) have been filed.

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