Moon v. Miller

Filing 13

Order Adopting Report and Recommendation 12 , Order of Case Dismissal, dismissing in part and denying in part Petitioner's Petition Under 28 U.S.C Section 2254. 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). Judge Christopher A. Boyko on 1/11/2017. (R,D)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

ERNEST MOON,
Petitioner,
-vsMICHELLE MILLER,
Respondent.

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CASE NO. 1:15CV1972

JUDGE CHRISTOPHER A. BOYKO

ORDER

On September 24, 2015, Petitioner filed a pro se Petition for Writ of Habeas
Corpus pursuant to 28 U.S.C. § 2254 (Dkt. #1). The case was referred to Magistrate
Judge William H. Baughman, Jr., pursuant to Local Rule 72.2. On December 20,
2016, the Magistrate Judge recommended that Petitioner’s application for habeas
corpus be dismissed in part and denied in part. (Dkt. # 12).
FED. R. CIV.P. 72(b) provides that objections to a Report and
Recommendation must be filed within fourteen days after service, but Petitioner has
failed to timely file any such objections. Therefore, the Court must assume that
Petitioner is satisfied with the Magistrate Judge’s recommendation. Any further
review by this 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 (6th Cir.1981).
Therefore, Magistrate Judge Baughman’s Report and Recommendation is
ADOPTED and Petitioner’s Writ of Habeas Corpus (Dkt.#1) is DISMISSED IN PART
AND DENIED IN PART.
Furthermore, 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.
Dated: 1/11/2017

S/Christopher A. Boyko
CHRISTOPHER A. BOYKO
UNITED STATES DISTRICT JUDGE