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Hairston v. Warden Chillicothe Correctional InstitutionHairston v. Warden Chillicothe Correctional Institution

District Court, S.D. Ohio
Aug 10, 2026
2:25-cv-01086

OPINION & ORDER

On October 20, 2025, the United States Magistrate Judge issued a Report and Recommendation in this case (ECF No. 4), recommending that this Court dismiss Petitioner’s case pursuant to Fed. R. Civ. P. 41(a)(2) due to Petitioner’s October 16, 2025, Motion to Withdraw his Petition for Writ of Habeas Corpus (ECF No. 3). Petitioner requests this relief “so that he may have the opportunity to review, supplement, and properly present his claims at a later date after further legal research and exhaust of available stat remedies.” (Id.). No objection has been filed given that the Petitioner has requested dismissal. Additionally, this Court has carefully and thoroughly reviewed the Report and Recommendation, and all other relevant documents in the record, and finds no clear error. Accordingly, this Court ACCEPTS the Magistrate Judge’s Report and Recommendation and Petitioner’s Motion to Withdraw his Petition for Writ of Habeas Corpus (ECF No. 3) is GRANTED . This case is hereby DISMISSED without prejudice.

IT IS SO ORDERED.

ALGENON L. MARBLEY

UNITED STATES DISTRICT JUDGE

DATED: August 10, 2026

Case Details

Case Name: Hairston v. Warden Chillicothe Correctional Institution
Court Name: District Court, S.D. Ohio
Date Published: Aug 10, 2026
Citation: 2:25-cv-01086
Docket Number: 2:25-cv-01086
Court Abbreviation: S.D. Ohio
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