PINKSTON v. KELLY, 1:13CV2220. (2014)
Court: District Court, N.D. Ohio
Number: infdco20140512m23
Visitors: 8
Filed: May 09, 2014
Latest Update: May 09, 2014
Summary: MEMORANDUM OF OPINION AND ORDER DAN AARON POLSTER, District Judge. Before the Court is the Report and Recommendation of Magistrate Judge James R. Knepp ("R & R") (Doc. # 7). The R&R recommends that Petitioner Ike Pinkston's 28 U.S.C. 2254 petition for writ of habeas corpus ( Doc. # 1 ) be dismissed as time-barred. The deadline has long since passed for Petitioner to file written objections to the R&R. See 28 U.S.C. 636(b)(1). Failure to file objections by the deadline constitutes a waiv
Summary: MEMORANDUM OF OPINION AND ORDER DAN AARON POLSTER, District Judge. Before the Court is the Report and Recommendation of Magistrate Judge James R. Knepp ("R & R") (Doc. # 7). The R&R recommends that Petitioner Ike Pinkston's 28 U.S.C. 2254 petition for writ of habeas corpus ( Doc. # 1 ) be dismissed as time-barred. The deadline has long since passed for Petitioner to file written objections to the R&R. See 28 U.S.C. 636(b)(1). Failure to file objections by the deadline constitutes a waive..
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MEMORANDUM OF OPINION AND ORDER
DAN AARON POLSTER, District Judge.
Before the Court is the Report and Recommendation of Magistrate Judge James R. Knepp ("R & R") (Doc. # 7). The R&R recommends that Petitioner Ike Pinkston's 28 U.S.C. § 2254 petition for writ of habeas corpus (Doc. # 1) be dismissed as time-barred. The deadline has long since passed for Petitioner to file written objections to the R&R. See 28 U.S.C. § 636(b)(1). Failure to file objections by the deadline constitutes a waiver of the right to obtain a de novo review of the R&R in the district court, United States v. Walters, 638 F.2d 947, 949 (6th Cir. 1981), and a waiver of the right to appeal. Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984), aff'd, 474 U.S. 140 (1985).
The Court has reviewed the Magistrate Judge's R&R and agrees that the petition should be dismissed as time-barred. Accordingly, the Court ADOPTS the Magistrate Judge's R&R (Doc. # 7) and DISMISSES the petition for writ of habeas corpus (Doc. # 1).
IT IS SO ORDERED.
Source: Leagle
