Crosby v. Tibbals

Filing 21

Memorandum of Opinion and Order adopting 19 the Magistrate Judge's Report and Recommendation. 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 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). Judge Benita Y. Pearson on 9/19/2012. (S,L)

PEARSON, J.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
CHARLES R. CROSBY,
Petitioner,
v.
TERRY A. TIBBALS,
Respondent.

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CASE NO. 1:11cv1557

JUDGE BENITA Y. PEARSON

MEMORANDUM OF OPINION AND
ORDER [Regarding ECF No. 19]

Before the Court is the Report and Recommendation of Magistrate Judge Vernelis K.
Armstrong (ECF No. 19) recommending the Court deny the Petition for Writ of Habeas Corpus
(ECF No. 1).
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
may adopt a magistrate judge’s report without review. See Thomas, 474 U.S. at 149.
In the instant case, Objections to the Report and Recommendation were due by July 23,
2012. On July 23, Petitioner filed a motion for an extension of time to file an Objection. ECF
No. 20. This motion was granted on July 30, and Petitioner was given an additional 30 days to
file Objections to the Report and Recommendation. Petitioner has not filed an Objection. The

(1:11cv1557)
Court finds that the Report and Recommendation is supported by the record, and agrees with the
Magistrate Judge’s recommendation.
Accordingly, the Court adopts the Magistrate Judge’s Report and Recommendation. ECF
No. 19. 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 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.

September 19, 2012
Date

/s/ Benita Y. Pearson
Benita Y. Pearson
United States District Judge