Moreland v. Warden Noble Correctional Institution

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON

TASK MORELAND,

Plaintiff, Case No. 3:25-cv-193

vs.

WARDEN NOBLE District Judge Michael J. Newman CORRECTIONAL INSTITUTION, Magistrate Judge Karen L. Litkovitz

Defendant. _______________________________________________________________________________________

ORDER: (1) ADOPTING THE REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE (Doc. No. 9); (2) GRANTING PETITIONER’S UNOPPOSED MOTION TO STAY (Doc. No. 3); AND (3) REQUIRING PETITIONER TO FILE A MOTION TO REINSTATE THE CASE ON THIS COURT’S ACTIVE DOCKET WITHIN THIRTY DAYS AFTER FULLY EXHAUSTING HIS STATE COURT REMEDIES _______________________________________________________________________________________

The Court has reviewed the Report and Recommendation of Magistrate Judge Karen L. Litkovitz (Doc. No. 9), to whom this case was referred pursuant to 28 U.S.C. § 636(b). The parties have not filed objections to the Report and Recommendation and the time for doing so under Fed. R. Civ. P. 72(b) has expired. Upon careful review of the foregoing, the Court determines that the Report and Recommendation should be adopted. See Rhines v. Weber, 544 U.S. 269 (2005). Accordingly, the Court: (1) ADOPTS the Report and Recommendation of the Magistrate Judge in its entirety; (2) GRANTS Petitioner’s unopposed motion to stay; and (3) REQUIRES Petitioner to file a motion to reinstate the case on this Court’s active docket within thirty (30) days after fully exhausting his state court remedies through the requisite levels of state appellate review. IT IS SO ORDERED. October 6, 2025 s/Michael J. Newman Hon. Michael J. Newman United States District Judge