Bates v. Oppy

Filing 11

Memorandum of Opinion and Order For the reasons set forth herein, the Report and Recommendation of the Magistrate Judge (ECF No. 10 ) is hereby adopted. Robert Bates's Petition for a Writ of Habeas Corpus is dismissed.The Court certifi es, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could not be taken in good faith, and that there is no basis upon which to issue a certificate of appealability. 28 U.S.C. § 2253(c); Fed. R. App. P. 22(b). Judge Benita Y. Pearson on 5/29/2015. (JLG)

PEARSON, J.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

ROBERT BATES,
Petitioner,
v.
ALAN J. LAZAROFF,1 Warden,
Respondent.

)
)
)
)
)
)
)
)
)

CASE NO. 1:14CV0399
JUDGE BENITA Y. PEARSON
MEMORANDUM OF OPINION
AND ORDER RE: DISMISSING
PETITIONER’S APPLICATION FOR
WRIT OF HABEAS CORPUS

Pro Se Petitioner Robert Bates filed a Petition for a Writ of Habeas Corpus pursuant to
28 U.S.C. § 2254 (ECF No. 1), alleging two grounds for relief which challenge the constitutional
sufficiency of his conviction and sentence for six counts of robbery, three of which included a
three-year firearm specification and three of which included a one-year firearm specification.
The state trial court sentenced Petitioner to a total of 49 years in prison.
On June 2, 2014, the case was referred to Magistrate Judge George J. Limbert for
preparation of a report and recommendation pursuant to 28 U.S.C. § 636 and Local Rule
72.2(b)(2).
The Magistrate Judge submitted a Report and Recommendation (ECF No. 10) on April
14, 2015 recommending that the petition be dismissed.

1

Mick Oppy was the original respondent. He was sued in an official capacity as
a public officer. Alan J. Lazaroff is now the Warden at Mansfield Correctional
Institution. See ECF No. 7 at PageID #: 28 n. 1. Pursuant to Fed. R. Civ. P. 25 (d),
Lazaroff’s name has been automatically substituted as a party.

(1:14CV0399)
Fed. R. Civ. P. 72(b)(2) provides that objections to a report and recommendation must be
filed within 14 days after service. Objections to the Magistrate Judge’s Report were, therefore,
due on May 1, 2015.2 Petitioner has not filed any objections, evidencing satisfaction with the
Magistrate Judge’s recommendation. Any further review by the Court would be a duplicative
and inefficient use of the Court’s limited resources. Thomas v. Arn, 728 F.2d 813 (6th Cir.
1984), aff’d, 474 U.S. 140 (1985); Howard v. Secretary of Health and Human Services, 932 F.2d
505 (6th Cir. 1991); United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981).
Accordingly, the Report and Recommendation of the Magistrate Judge is hereby adopted.
Robert Bates’s Petition for a Writ of Habeas Corpus is dismissed.
The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision
could not be taken in good faith, and that there is no basis upon which to issue a certificate of
appealability. 28 U.S.C. § 2253(c); Fed. R. App. P. 22(b).

IT IS SO ORDERED.

May 29, 2015
Date

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

2

Under Fed. R. Civ. P. 6(d), three days must be added to the fourteen-day time
period because Petitioner was served the Magistrate Judge’s Report by mail. See
Thompson v. Chandler, 36 Fed. Appx. 783, 784 (6th Cir. 2002).
2