UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

Christopher M. Magee,

Petitioner,

v. Case No. 1:21-cv-123

Warden, Chillicothe Correctional Institution,

Respondent.

ORDER

This matter is before the Court on the Report and Recommendation (“R&R”) filed by the Magistrate Judge on July 22, 2025 (Doc. 15). Proper notice has been given to the parties under

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

(6th Cir. 1981). No objections to the Magistrate Judge’s R&R (Doc. 15) have been filed and the time to do so has expired. Accordingly, it is ORDERED that the R&R (Doc. 15) of the Magistrate Judge is hereby ADOPTED. Consistent with the recommendation by the Magistrate Judge, Petitioner’s unopposed motion for reinstatement of this action (Doc. 14) is GRANTED and the Court’s Order entered on October 21, 2021, administratively staying the action and terminating the case on the Court’s active docket (Doc. 10) is VACATED. Respondent is ORDERED to file a supplemental answer/return of writ and supplemental state court record within sixty (60) days of the date of this Order

1 addressing the effect, if any, that petitioner’s exhaustion of his state-court remedies has on the procedural default arguments advanced in respondent’s pending answer/return of writ. (See Doc. 6, at PageID 596-600). Petitioner is GRANTED twenty-one (21) days after respondent’s supplemental filings to file and serve a reply. IT IS SO ORDERED.

s/Michael R. Barrett Michael R. Barrett, Judge United States District Court

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