Malone v. Miller
Memorandum of Opinion and Order for the reasons set forth herein the Court adopts the magistrate judge's Report and Recommendation. Petitioner's 11 Motion to Withdraw Petition is denied. Judge Benita Y. Pearson on 12/21/2016. Related documents 11 and 16 . (E,CK)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
CASE NO. 1:15CV1652
JUDGE BENITA Y. PEARSON
MEMORANDUM OF OPINION AND
ORDER [Resolving ECF No. 11]
Pro se Petitioner Tony Malone filed a Petition for a Writ of Habeas Corpus pursuant to
28 U.S.C. § 2254. ECF No. 1. Respondent Michelle Miller filed the Return of Writ. ECF No.
9. Petitioner filed the Traverse to Return of Writ. ECF No. 10. Over eight month’s later,
Petitioner filed a motion to withdraw his petition. ECF No. 11. On November 3, 2016,
Magistrate Judge Jonathan D. Greenberg issued a report (ECF No. 16) recommending the pro se
Petitioner’s Motion to Withdraw be denied.1
Fed. R. Civ. P. 72(b)(2) provides that objections to a report and recommendation must be
filed within fourteen (14) days after service. Objections to the magistrate judge’s report due on
November 20, 2016.2 Petitioner has not filed any objections to the magistrate judge’s report and
Pro se petitions for habeas corpus filed under 28 U.S.C. § 2254 are referred to a
magistrate judge for preparation of a report and recommendation pursuant to Local Rule
Under Fed. R. Civ. P. 6(d), three days must be added to the fourteen-day time
period because Plaintiff was served the Magistrate Judge’s Report by mail. See
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. Sec’y of Health and Human Servs., 932 F.2d 505 (6th Cir. 1991); United
States v. Walters, 638 F.2d 947, 949–50 (6th Cir. 1981).
Accordingly, the Court adopts the magistrate judge’s Report and Recommendation.
Petitioner’s Motion to Withdraw (ECF No. 11) is denied.
IT IS SO ORDERED.
December 21, 2016
/s/ Benita Y. Pearson
Benita Y. Pearson
United States District Judge
Thompson v. Chandler, 36 F. App’x. 783, 784 (6th Cir. 2002).
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