Gregley v. Bradshaw

Filing 8

Memorandum of Opinion and Order Adopting 7 Report and Recommendation and dismissing petition as time-barred. 3 Petitioner's Motion for expansion of the record denied as moot. Judge Dan Aaron Polster on 9/19/14. (P,R)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
DUANE GREGLEY,
Petitioner,
vs.
MARGARET BRADSHAW,
Respondent.

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CASE NO. 1:14CV50
JUDGE DAN AARON POLSTER
MEMORANDUM OF OPINION
AND ORDER

Before the Court is the Report and Recommendation of Magistrate Judge George
Limbert (“R & R”) (Doc. # 7). The R&R recommends that the Court dismiss as time-barred
Petitioner Duane Gregley’s 28 U.S.C. § 2254 petition for writ of habeas corpus (“2254
Petition”)(Doc. # 1). The R&R also recommends that the Court deny as moot Gregley’s pending
motion to expand the record (Doc. # 3).
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 August 29,
2014. In this case, 21 days have elapsed since the R&R was issued, and Petitioner has filed
neither an objection nor a request for an extension of time to file one.
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 2254 Petition
should be dismissed as time-barred and that the pending motion to expand the record should be
denied as moot. Accordingly, the Court ADOPTS the Magistrate Judge’s R&R (Doc. # 7).

IT IS SO ORDERED.

/s/ Dan Aaron Polster September 19, 2014
Dan Aaron Polster
United States District Judge

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