IN THE UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF OHIO 

EASTERN DIVISION 

MICHAEL T. GRAVELY, 

Petitioner, 

v. 

CASE NO. 2:11-CV-500 

JUDGE GEORGE C. SMITH 

MAGISTRATE JUDGE MICHAEL R. MERZ 

WARDEN, ROSS CORRECTIONAL 

INSTITUTION, 

Respondent. 

OPINION AND ORDER 

( 

On January 23, 2013, the Magistrate Judge issued a Report and Recommendation 

recommending that the instant petition for a writ of habeas corpus be dismissed. Petitioner filed 

Objections to the Magistrate Judge's Report and Recommendation. Doc. No. 17. In response, the 

Magistrate Judge issued a Supplemental Report and Recommendation. Doc. No. 20. Petitioner has 

filed ObjectionstotheMagistrateJudge'sSupplemental Report and Recommendation. Doc. No. 21. 

Respondent has filed a Response. Doc. No. 22. For the reasons that follow, Petitioner's Objections 

are OVERRULED. The Report and Supplemental Report and Recommendation are ADOPTED 

and AFFIRMED. This action is hereby DISMISSED. 

In his Objections to both the original and supplemental Report and Recommendations, 

Petitioner objects solely to the Magistrate Judge's recommendation of dismissal on the merits of 

claims one and two, in which he asserts that the evidence was constitutionally insufficient to sustain 

his convictions on felonious assault and that he was denied a constitutionally fair trial because the 

trial court refused to sever the drug charges from the felonious assault charges. Petitioner again 

raises all of the same arguments he previously presented. For example, he complains of the lack of 

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evidence indicating he was the shooter. He objects to the Magistrate Judge's conclusion that he 

failed to establish prejudice from the joinder of drug and felonious assault charges, arguing that the 

jury used evidence from the drug charges to establish his motive for shooting at police. He argues 

at length that the trial court improperly permitted joinder of these charges against him. 

In response, Respondent argues that Petitioner's March 8, 2013, Objections should be 

stricken from the record as one day late. 1 Additionally, Respondent argues that Petitioner has waived 

his right to de novo review by failing to raise the some arguments for the first time in his Objections 

to the Supplemental Report and Recommendation that he did not raise in his original objections. 2 

Alternatively, it is the position of the Respondent that Petitioner's Objections should be overruled. 

Pursuant to 28 U.S.C. § 636(b), this Court has conducted a de novo review of both the 

Magistrate Judge's original Report and Recommendation and Supplemental Report and 

Recommendation of dismissal of habeas corpus claims one and two on the merits. For the reasons 

already well detailed in the Report and Recommendation and Supplemental Report and 

Recommendation, Petitioner's arguments are not well taken. Petitioner's Objections are, therefore, 

OVERRULED. 

1

Respondent has not filed a motion to strike and only mentions the untimeliness argument 

in his response to the Objections. Thus, the Court need not specifically grant or deny the request. 

Nevertheless, the Court notes that the filing was timely, as the Notice Regarding Objections 

specifically indicated that the period for objections was extended to seventeen days. See 

Supplemental Report and Recommendation, Doc. 20, PageiD 1375). 

2

The Court does not agree that Petitioner has waived his right to de novo review of 

matters raised in his Objections to the Supplemental Report and Recommendation. All of 

Petitioner's arguments in both sets of Objections are related to various aspects of the Magistrate 

Judge's conclusions on the merits of claims one and two. 

2 

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The Report and Recommendation and Supplemental Report and Recommendation are 

ADOPTED and AFFIRMED. This action is hereby DISMISSED. 

IT IS SO ORDERED. 

3 

s/ George C. Smith 

GEORGE C. SMITH 

United States District Judge 

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