Crawford v. Lazaroff

Filing 9

Memorandum of Opinion and Order For the reasons set forth herein, the Court hereby adopts the Magistrate Judge's 8 Report and Recommendation. Petitioner Jermaine Crawford's Petition for a Writ of Habeas Corpus is dismissed in par t and denied in part. 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 ofappealability. 28 U.S.C. § 2253(c); Fed. R. App. P. 22(b). Judge Benita Y. Pearson on 2/29/2016. (JLG)

PEARSON, J.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
JERMAINE CRAWFORD,
Petitioner,
v.
WARDEN LAZAROFF,
Respondent.

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CASE NO. 1:14CV01954

JUDGE BENITA Y. PEARSON

MEMORANDUM OF OPINION AND
ORDER

Pro se Petitioner Jermaine Crawford filed a Petition for a Writ of Habeas Corpus
pursuant to 28 U.S.C. § 2254 (ECF No. 1), alleging four grounds for relief which challenge the
constitutional sufficiency of his conviction for the lesser included offense of felony murder and
for aggravated robbery. The state trial court sentenced Petitioner to an aggregate term of
incarceration of twenty years to life. On September 24, 2014, the case was referred to Magistrate
Judge William H. Baughman, Jr. for preparation of a report and recommendation pursuant to 28
U.S.C. § 636 and Local Rule 72.2(b)(2). On January 14, 2016, the magistrate judge submitted a
report and recommendation (ECF No. 8) recommending that the petition be dismissed in part and
denied in part.
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 February 1, 2016.1 Petitioner has not filed any objections to the magistrate judge’s report
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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.

(1:14CV01954)
and 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 Court hereby
adopts the magistrate judge’s Report and Recommendation. Petitioner Jermaine Crawford’s
Petition for a Writ of Habeas Corpus is dismissed in part and denied in part.
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.

February 29, 2016
Date

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

Chandler, 36 F. App’x. 783, 784 (6th Cir. 2002).
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