Banks v. Coleman

Filing 6

Opinion and Order signed by Judge James S. Gwin on 11/4/15 adopting the Report and Recommendation of the Magistrate Judge and dismissing the petition with prejudice. (Related Docs. 1 , 4 and 5 ) (W,M)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
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RAYMONE BANKS,
:
:
Petitioner,
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v.
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JOHN COLEMAN, Warden,
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Respondent.
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CASE NO. 1:15-CV-888

OPINION & ORDER
[Resolving Doc Nos. 1, 4]

JAMES S. GWIN, UNITED STATES DISTRICT JUDGE:
Petitioner Raymone Banks seeks a writ of habeas corpus under 28 U.S.C. § 2254.1/
Respondent John Coleman moves to dismiss the petition.2/ On October 7, 2015, Magistrate Judge
Knepp recommended that this Court dismiss the petition.3/ Neither party has filed an objection to
Magistrate Judge Knepp’s Report and Recommendation (“R&R”).
The Federal Magistrates Act requires a district court to conduct a de novo review only of
those portions of a R&R to which a party has made an objection.4/ Parties must file any objections
to a R&R within fourteen days of service.5/ Failure to object within that time waives a party’s right
to have the Court review the R&R.6/ Absent objection, a district court may adopt the R&R without
review.7/

1/

Doc. 1.

2/

Doc. 4.

3/

Doc. 5.

4/

28 U.S.C. § 636(b)(1)(C).

5/

Fed. R. Civ. P. 72(b)(2); LR 72.3(b).

6/

LR 72.3(b); see Thomas v. Arn, 474 U.S. 140, 145 (1985); United States v. Walters, 638 F.2d 947, 949–50
(6th Cir. 1981).
7/
See Thomas, 474 U.S. at 149.

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Case No. 1:15-CV-888
Gwin, J.
In this case, neither party has objected to the R&R. Moreover, having conducted its own
review of the record and the parties’ briefing in this case, this Court agrees with the conclusions of
Magistrate Judge Knepp.
Accordingly, the Court ADOPTS in whole Magistrate Judge Knepp’s Report and
Recommendation and incorporates it fully herein by reference. The Court DISMISSES WITH
PREJUDICE Banks’ petition. Moreover, the Court certifies that an appeal from this decision could
not be taken in good faith and that no basis exists upon which to issue a certificate of appealability
under 28 U.S.C. § 1915(a)(3).8/

IT IS SO ORDERED.

s/
James S. Gwin
JAMES S. GWIN
UNITED STATES DISTRICT JUDGE

Dated: November 4, 2015

8/

28 U.S.C. § 2253(c); Fed. R. App. P. 22(b).

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