Phipps v. Beightler

Filing 12

Opinion and Order Adopting Report and Recommendation of Magistrate Judge dismissing in part and denying in part Petitioner's petition for writ of habeas corpus under 28 U.S.C. 2254, Related document 11 Report and Recommendation. Judge Christopher A. Boyko on 09/23/08. (M,M)

Phipps v. Beightler

Doc. 12

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO

NICHOLAS PHIPPS Petitioner, -vsMAGGIE A. BEIGHTLER, Respondent. ) ) ) ) ) ) ) ) ) ) Case No.1:07-cv-233 ORDER Judge Christopher A. Boyko

On 01-29-2007, Petitioner filed a pro se Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (Dkt. # 1 ). The case was referred to Magistrate Judge William H. Baughman, Jr. pursuant to Local Rule 72.2 (Dkt. # 6 ). On 08/18/2008, the Magistrate Judge recommended that Petitioner's application for habeas corpus be dismissed (Dkt. # 11). FED. R. CIV.P. 72(b) provides that objections to a Report and Recommendation must be filed within ten (10) days after service, but Petitioner has failed to timely file any such objections. Therefore, the Court must assume that Petitioner is satisfied with the Magistrate Judge's recommendation. Any further review by this Court would be a duplicative and inefficient use of the Court's limited resources. Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984), aff'd, 474 U.S. 140 (1985); Howard v. Secretary of Health and Human Services, 932 F.2d 505 (6th Cir. 1991); United States v. Walters, 638 F.2d 947 (6th Cir.1981). Therefore, Magistrate Judge Baughman's report and recommendation is ADOPTED and Petitioner's Writ of Habeas Corpus (Dkt. # 1) is DENIED.

Furthermore, the court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an
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appeal from this decision could not be taken in good faith, and that there is no basis upon which to issue a certificate of appealability. 28 U.S.C. §2253(c); Fed. R. App. P. 22(b). IT IS SO ORDERED. Dated:9/23/2008

S/Christopher A. Boyko CHRISTOPHER A. BOYKO UNITED STATES DISTRICT JUDGE