DelValle v. Warden

Filing 14

Order Adopting 13 Report and Recommendation and denying 4 the Petition for Writ of Habeas Corpus (2254). Judge Jack Zouhary on 4/12/2016. (D,L)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION William DelValle, Jr., Case No. 1:15 CV 362 Petitioner, ORDER ADOPTING REPORT AND RECOMMENDATION -vsJUDGE JACK ZOUHARY Warden, Respondent. This Court has reviewed the Magistrate Judge’s March 23, 2016 Report and Recommendation (“R&R”) (see Doc. 13). The R&R recommends this Court deny Petitioner William DelValle’s Petition for Writ of Habeas Corpus (Doc. 4). 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 Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Sullivan, 431 F.3d 976, 984 (6th Cir. 2005). DelValle’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. The Petition (Doc. 4) is denied. Further, this Court certifies an appeal from this decision could not be taken in good faith and there is no basis upon which to issue a certificate of appealability. 28 U.S.C. § 2253(c). IT IS SO ORDERED. s/ Jack Zouhary JACK ZOUHARY U.S. DISTRICT JUDGE April 12, 2016

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