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)

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

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