Carnail v. Bradshaw

Filing 55

Order signed by Judge James S. Gwin on 6/29/2021. The Court adopts Magistrate Judge Baughmans Report and Recommendation and DISMISSES Carnails petition. Further, the Court DENIES Carnail a certificate of appealability. re 1 54 (S,KM)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
E’YEN CARNAIL,
Petitioner,
v.
MARGARET BRADSHAW,
Respondent.

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CASE NO. 1:12-cv-01042
OPINION & ORDER
[Resolving Doc. 1]

JAMES S. GWIN, UNITED STATES DISTRICT COURT JUDGE:
Petitioner E’Yen Carnail seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254.1
Under Local Rule 72.2(b), this case was automatically referred to a Magistrate Judge
for a Report and Recommendation. 2

On June 8, 2021, Magistrate Judge William H.

Baughman, Jr. issued a Report and Recommendation, recommending that this Court dismiss
Carnail’s habeas petition. 3 Any objections to the Report and Recommendation were due on
June 22, 2021. 4 Neither party filed objections.
Because neither party objected, the Court could adopt the Report and
Recommendation without review. 5

Still, the Court reviewed the Report and

Recommendation and agrees with Magistrate Judge Baughman that Carnail’s habeas claims
are procedurally defaulted under Ohio’s res judicata doctrine.

1

Doc. 1.
Local Rule 72.2(b).
3
Doc. 54.
4
28 U.S.C. § 636(b)(1); Local Rule 72.3(b).
5
See 28 U.S.C. § 636(b)(1); Thomas v. Arn, 474 U.S. 140, 149–53 (1985); U.S. v.
Walters, 638 F.2d 947, 949–50 (6th Cir. 1981).
2

Case No. 1:12-cv-01042
GWIN, J.
Consequently, the Court ADOPTS Magistrate Judge Baughman’s Report and
Recommendation and DISMISSES Carnail’s petition. Further, the Court DENIES Carnail a
certificate of appealability. 6

IT IS SO ORDERED.
Dated: June 29, 2021

6

s/

James S. Gwin

JAMES S. GWIN
UNITED STATES DISTRICT JUDGE

28 U.S.C. § 2253.
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