Young v. Tibbals

Filing 13

Opinion and Order signed by Judge James S. Gwin on 8/6/12. The Court adopts the Report and Recommendation of the Magistrate Judge and the petition for writ of habeas corpus is denied. The Court certifies that an appeal from this decision could not be taken in good faith and no basis exists upon which to issue a certificate of appealability. (Related Docs. 1 , 12 ) (M,G)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
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MICHAEL YOUNG,
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Petitioner,
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vs.
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WARDEN TERRY TIBBALS,
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Respondent.
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CASE NO. 1:11-CV-0386

OPINION & ORDER
[Resolving Doc. No. 1]

JAMES S. GWIN, UNITED STATES DISTRICT JUDGE:
On February 23, 2011, Petitioner Michael Young filed a petition for a writ of habeas corpus
under 28 U.S.C. § 2254. The matter was referred to Magistrate Judge Greg White pursuant to Local
Rule 72.2. On April 25, 2012, Magistrate Judge White issued a Report and Recommendation
recommending that the Court dismiss the petition because Young’s insufficient evidence, due
process, and ineffective assistance of counsel claims fail on the merits. [Doc. 12].
The Federal Magistrates Act requires a district court to conduct a de novo review only of
those portions of a Report and Recommendation to which the parties have made an objection. 28
U.S.C. § 636(b)(1)(C). Parties must file any objections to a Report and Recommendation within
fourteen days of service. Id.; Fed. R. Civ. P. 72(b)(2). Failure to object within this time waives a
party’s right to appeal the district court’s judgment. Thomas v. Arn, 474 U.S. 140, 145 (1985);
United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981). Absent objection, a district court

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Case No. 1:11-CV-0386
Gwin, J.
may adopt the magistrate judge’s report without review. See Thomas, 474 U.S. at 149.
In this case, Petitioner Young has not objected to the Report and Recommendation.
Moreover, having conducted its own review of the record and the parties’ briefs, the Court agrees
with the recommendation of Magistrate Judge White that the petition should be dismissed. In the
end, all of Young’s grounds for relief fail on the merits: Young’s conviction for drug trafficking was
supported by sufficient evidence; the Police Officers had a reasonable suspicion to justify stopping
and investigating Young; and Young’s counsel did not render ineffective assistance.
Accordingly, the Court ADOPTS in whole Magistrate Judge White’s Report and
Recommendation and DENIES Young’s petition for a writ of habeas corpus. Further, the Court
certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could not be taken in
good faith, and no basis exists upon which to issue a certificate of appealability. 28 U.S.C. §
2253(c); Fed. R. App. P. 22(b).
IT IS SO ORDERED.

s/
James S. Gwin
JAMES S. GWIN
UNITED STATES DISTRICT JUDGE

Dated: August 6, 2011

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