Orozco-Valenzuela v. Holder et al

Filing 24

Order Adopting 23 the Report and Recommendation and dismissing 1 the Petition. Judge Jack Zouhary on 4/6/2015. (D,L)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION Elio Amir Orozco-Valenzuela, Petitioner, Case No. 1:14 CV 1669 ORDER ADOPTING REPORT AND RECOMMENDATION -vsJUDGE JACK ZOUHARY Eric H. Holder, Jr., as Attorney General, Respondent. This Court has reviewed the Report and Recommendation (“R&R”) of the Magistrate Judge filed March 18, 2015 (Doc. 23). The R&R recommends this Court dismiss Petitioner’s Petition filed pursuant to 28 U.S.C. § 2241. Under 28 U.S.C. § 636(b)(1), a party must serve written objections to the Magistrate Judge’s proposed findings and recommendations within fourteen (14) days of being served with the R&R, at which time this Court makes a de novo determination of those portions of the R&R to which objections were made. The failure to file objections within the time frame set forth in the statute constitutes a waiver of 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). Petitioner’s deadline for filing objections has passed, and no requests for extension have been received. The R&R accurately states the facts and law, which this Court adopts in its entirety. Accordingly, this Court dismisses the Petition. IT IS SO ORDERED. s/ Jack Zouhary JACK ZOUHARY U.S. DISTRICT JUDGE April 6, 2015

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