Tackett v. Richland Correctional Institution Warden

Filing 12

Order Adopting 11 Report and Recommendation. Judge Jack Zouhary on 9/22/2015. (D,L)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION Dale L. Tackett, Case No. 1:14 CV 788 Petitioner, ORDER ADOPTING REPORT AND RECOMMENDATION -vsJUDGE JACK ZOUHARY Richland Correctional Institution Warden, Respondent. This Court has reviewed the Magistrate Judge’s August 28, 2015 Report and Recommendation (“R&R”) (see Doc. 11). The R&R recommends this Court deny in part and dismiss in part Petitioner Dale Tackett’s Petition for Writ of Habeas Corpus (Doc. 1). Under 28 U.S.C. § 636(b)(1), a party must serve written objections to an R&R within fourteen (14) days of being served with the R&R. If a party timely objects, this Court reviews de novo the portions of the R&R to which objections were made. If a party does not timely object, the party waives de novo review by the district court. See United States v. Sullivan, 431 F.3d 976, 984 (6th Cir. 2005); Thomas v. Arn, 474 U.S. 140, 149 (1985). Tackett’s deadline for filing objections has passed, and this Court has received no requests for extension. The R&R accurately states the facts and law. This Court adopts the R&R in full. Tackett’s Petition (Doc. 1) is denied in part and dismissed in part. This 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 there is no basis to issue a Certificate of Appealability. See 28 U.S.C. § 2253(c)(2). IT IS SO ORDERED. s/ Jack Zouhary JACK ZOUHARY U.S. DISTRICT JUDGE September 22, 2015

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