Metovic v. McClelland et al

Filing 10

Memorandum Opinion and Order The Court adopts Magistrate Judge William H. Baughman, Jr.'s Report and Recommendation. ECF No. 9 . Respondent's Motion to Dismiss (ECF No. 3 ) is granted, in part, and Petitioner Metovic's petition (ECF No. 1 ) is dismissed without prejudice. An appeal from this decision could not be taken in good faith. Judge Benita Y. Pearson on 8/29/2012. (S,L)

PEARSON, J.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
SENAD METOVIC,
Petitioner,
v.
DANIEL C. McCLELLAND, et al.,
Respondents.

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CASE NO. 1:11CV2490

JUDGE BENITA Y. PEARSON

MEMORANDUM OF OPINION AND
ORDER [Regarding ECF Nos. 3 and 9]

Before the Court is the Report and Recommendation of Magistrate Judge William H.
Baughman, Jr. recommending that the State’s motion dismiss Petitioner Metovic’s petition for
writ of habeas corpus filed pursuant to 28 U.S.C. § 2241 be granted, in part, and that the petition
be dismissed without prejudice.1 ECF Nos. 1, 3, and 9.
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, neither party has filed objections to the Report and Recommendation

1

The matter was referred to Magistrate Judge William H. Baughman, Jr. for the
preparation of a Report and Recommendation on the petition for writ of habeas corpus pursuant
to Local Rule 72.2.

(1:11-cv-2490)
nor has either party requested an extension of time. The Court finds that the Report and
Recommendation is supported by the record, and agrees with the recommendation to dismiss the
instant petition, without prejudice, pursuant to 28 U.S.C. § 2243, and that, pursuant to 28 U.S.C.
§ 1915(a)(3), an appeal from this decision could not be taken in good faith.
Accordingly, the Court adopts Magistrate Judge William H. Baughman, Jr.’s Report and
Recommendation. ECF No. 9. Respondent’s Motion to Dismiss (ECF No. 3) is granted, in part,
and Petitioner Metovic’s petition (ECF No. 1) is dismissed without prejudice. An appeal from
this decision could not be taken in good faith.

IT IS SO ORDERED.

August 29, 2012
Date

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