Barrow v. Lazaroff, 1:16CV2076. (2018)
Court: District Court, N.D. Ohio
Number: infdco20180828e58
Visitors: 11
Filed: Aug. 27, 2018
Latest Update: Aug. 27, 2018
Summary: OPINION AND ORDER DAN AARON POLSTER , District Judge . This case is before the Court on the Report and Recommendation of Magistrate Judge James R. Knepp ("R&R"). ( Doc #: 18. ) The Magistrate Judge recommends that the Court dismiss Richard Barrow's Petition under 28 U.S.C. 2254 because Grounds Two-Four are procedurally defaulted and Ground One is meritless. Under the relevant statute: Within fourteen days after being served with a copy, any party may serve and file written objections
Summary: OPINION AND ORDER DAN AARON POLSTER , District Judge . This case is before the Court on the Report and Recommendation of Magistrate Judge James R. Knepp ("R&R"). ( Doc #: 18. ) The Magistrate Judge recommends that the Court dismiss Richard Barrow's Petition under 28 U.S.C. 2254 because Grounds Two-Four are procedurally defaulted and Ground One is meritless. Under the relevant statute: Within fourteen days after being served with a copy, any party may serve and file written objections ..
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OPINION AND ORDER
DAN AARON POLSTER, District Judge.
This case is before the Court on the Report and Recommendation of Magistrate Judge James R. Knepp ("R&R"). (Doc #: 18.) The Magistrate Judge recommends that the Court dismiss Richard Barrow's Petition under 28 U.S.C. § 2254 because Grounds Two-Four are procedurally defaulted and Ground One is meritless.
Under the relevant statute:
Within fourteen days after being served with a copy, any party may serve and file written objections to such proposed findings and recommendations as provided by rules of court. A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.
28 U.S.C. § 636(b)(1) (emphasis added). In this case, the R&R was issued on August 3, 2018, and it is now August 27, 2018. Twenty-four days have elapsed since the R&R was issued, and Petitioner has neither filed objections nor a request for an extension of time to file them. The failure to timely file written objections to an R&R constitutes a waiver of a de novo review by the district court of any issues covered in the R&R. Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984); United States v. Walters, 638 F.2d 947 (6th Cir. 1981).
Despite the lack of objections, the Court has reviewed the Magistrate Judge's thorough, well-written R&R, and agrees with the Magistrate Judge's findings. Therefore, the Court ADOPTS the R&R. (Doc #: 18). Accordingly, the Court hereby DISMISSES WITH PREJUDICE the § 2254 Petition (Doc #: 1).
IT IS SO ORDERED.
Source: Leagle
