Cochran v. State of Ohio et al

Filing 17

Memorandum Opinion: The Court has reviewed the Magistrate Judge's report and recommendation 16 and adopts the same. Accordingly, the petition is denied. Judge Sara Lioi on 8/31/2011. (P,J)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION ROBERT COCHRAN, PETITIONER, vs. BENNY KELLY, Warden, RESPONDENT. ) ) ) ) ) ) ) ) ) CASE NO. 1:10CV1338 JUDGE SARA LIOI MEMORANDUM OPINION Before the Court is the report and recommendation of the Magistrate Judge in the above-entitled action. 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)(C). In this case, the fourteen-day period has elapsed and no objections have been filed. The failure to file written objections to a Magistrate Judge=s report and recommendation constitutes a waiver of a de novo determination by the district court of an issue covered in the report. Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984), aff=d, 474 U.S. 140 (1985); see United States v. Walters, 638 F.2d 947 (6th Cir. 1981). The Court has reviewed the Magistrate Judge=s report and recommendation and adopts the same. Accordingly, the petition is DENIED. IT IS SO ORDERED. Dated: August 31, 2011 HONORABLE SARA LIOI UNITED STATES DISTRICT JUDGE

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