Stokes v. Kelly

Filing 11

Order Adopting Magistrate Judge James Gallas' Report and Recommendation. Petitioner's petition for a writ of habeas corpus is denied and this case is dismissed (Related document 10 ). Judge Peter C. Economus on 3/23/10. (BR,S)

Stokes v. Kelly

Doc. 11

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION RUSSELL STOKES, PETITIONER, V. BENNY KELLY, Warden, RESPONDENT. ) ) ) ) ) ) ) ) ) ) ) CASE NO. 1:09CV399 JUDGE PETER C. ECONOMUS

ORDER

This matter is before the Court upon a petition for a writ of habeas corpus filed by Russell Stokes ("Petitioner"), pursuant to 28 U.S.C. § 2254. (Dkt. # 1). On April 29, 2009, this case was automatically referred to Magistrate Judge James S. Gallas for preparation of a Report and Recommendation, pursuant to 28 U.S.C. § 636 and LR 72.1. On March 1, 2010, the Magistrate Judge issued a report and

recommendation, recommending that the Court deny the instant petition because Petitioner has failed to demonstrate that he is in custody pursuant to a state court judgment that resulted from a decision that is contrary to or an unreasonable application of federal law. (Dkt. # 10). FED. R. CIV.P. 72(b) provides that objections to a report and recommendation must be filed within fourteen (14) 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

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a duplicative and an 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). The Court has reviewed the report and recommendation of the Magistrate Judge de novo, and finds that it is well-supported. Therefore, the Report and Recommendation of Magistrate Judge Gallas (Dkt. # 10) is hereby ADOPTED, and Petitioner's petition for a writ of habeas corpus is DENIED. IT IS SO ORDERED. /s/ Peter C. Economus ­ March 23, 2010 PETER C. ECONOMUS UNITED STATES DISTRICT JUDGE