Maerlender v. Miller

Filing 11

Memorandum Opinion and Order Adopting Report and Recommendation 10 . The 1 Petition for Writ of Habeas Corpus (2254) is denied. Signed by Judge Dan Aaron Polster on 10/23/2012. (K,K)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
WILLIAM R. MAERLENDER, JR.,
Petitioner,
vs.
KIMBERLY CLIPPER, Warden,
Respondent.

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CASE NO. 1:11CV2762
JUDGE DAN AARON POLSTER
MEMORANDUM OF OPINION
AND ORDER

Before the Court is the Report and Recommendation of Magistrate Judge George J.
Limbert (“R & R”) (Doc. # 10). The R&R recommends Petitioner William R. Maerlender’s 28
U.S.C. § 2254 petition for writ of habeas corpus (Doc. # 1) be denied.
Under 28 U.S.C. § 636(b)(1) a habeas petitioner has 14 days after being served a copy of
the R&R to file written objections. A copy of the R&R was mailed to Petitioner on September
26, 2012. It is now October 23, 2012, and Petitioner has filed neither objections to the R&R nor
a request for an extension to do so.
Failure to file objections by the deadline constitutes a waiver of the right to obtain a de
novo review of the R&R in the district court, United States v. Walters, 638 F.2d 947, 949 (6th
Cir. 1981), and a waiver of the right to appeal. Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984),
aff’d, 474 U.S. 140 (1985).
The Court has reviewed the Magistrate Judge’s R&R and agrees that the petition should
be denied. Accordingly, the Court ADOPTS the Magistrate Judge’s R&R (Doc. # 10), DENIES
the petition for writ of habeas corpus (Doc. # 1).
IT IS SO ORDERED.
/s/ Dan Aaron Polster October 23, 2012
Dan Aaron Polster
United States District Judge