Lichtenwalter v. Warden, Belmont Correctional Institution

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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION AT COLUMBUS
DEREK LICHTENWALTER,
Petitioner, : Case No. 2:25-cv-553
- vs - 	District Judge Edmund A. Sargus, Jr.
Magistrate Judge Michael R. Merz
UNNAMED RESPONDENT,
:
Respondent.
DECISION AND ORDER
This habeas corpus case, brought pro se by Petitioner Derek Lichtenwalter, is before the
Court on Petitioner’s Motion to Dismiss (ECF No. 13). 	Petitioner seeks a dismissal without
prejudice to his re-filing his claims under 42 U.S.C. § 1983.
In both a Report and Recommendations (ECF No. 4) and a Supplemental Report and
Recommendations (ECF No. 10), the undersigned recommended precisely that result. However,
Petitioner objected to both Reports (ECF No. 8 & 11).
Because District Judge Sargus has not yet ruled on the objections and Petitioner now seeks
the same result, the Report and the Supplemental Report are WITHDRAWN.
Under Fed.R.Civ.P. 41(a)(2), a dismissal that does not show the consent of the opposing
party can be made only on court order on “terms the court considers proper.” Since Petitioner now
seeks the result the Magistrate Judge recommended, IT IS HEREBY ORDERED that this case be
dismissed without prejudice to Petitioner’s re-filing his claims regarding his conditions of
confinement in an action under 42 U.S.C. § 1983 in this Court. This Order does not implicitly rule
Case: 2:25-cv-00553-EAS-MRM Doc #: 14 Filed: 11/18/25 Page: 1 of 2 PAGEID #: <pageID>

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that any such action would be within the statute of limitations for such actions.
The Clerk shall enter judgment accordingly.
November 18, 2025.
s/ Michael R. Merz
United States Magistrate Judge
Case: 2:25-cv-00553-EAS-MRM Doc #: 14 Filed: 11/18/25 Page: 2 of 2 PAGEID #: <pageID>