Powell v. Mansfield Correctional Institution

Filing 10

Opinion & Order signed by Judge James S. Gwin on 7/31/17 adopting the Report and Recommendation of the Magistrate Judge and denying petitioner's habeas corpus petition under 28 U.S.C. § 2254. Furthermore, no basis exists upon which to issue a certificate of appealability. (Related Docs. 1 and 9 ) (D,MA)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
-----------------------------------------------------JONATHAN J. POWELL,
Petitioner,
v.
MANSFIELD CORRECTIONAL
INSTITUTION,
Respondent.

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CASE NO. 1:15-CV-2120

OPINION AND ORDER
[Resolving Doc. 1]

-----------------------------------------------------JAMES S. GWIN, UNITED STATES DISTRICT JUDGE:
On October 13, 2015, Petitioner Jonathan J. Powell filed a habeas corpus petition under
28 U.S.C. § 2254.1 On June 29, 2017, Magistrate Judge George J. Limbert recommended that the
Court deny Petitioner Powell’s petition.2 Magistrate Judge Limbert found that Petitioner’s six
grounds for relief were improperly pled, were procedurally defaulted, fail to state federal
constitutional violations, and fail on the merits.3
Objections to Magistrate Judge Limbert’s Report and Recommendation were due by July
13, 2017. Petitioner Powell has not filed objections to the Report and Recommendation.
The Federal Magistrates Act requires a district court to conduct a de novo review only of
those portions of a Report and Recommendation to which the parties have made an objection.4
Absent objection, a district court may adopt the Report and Recommendation without review.5
Because no party has objected to the Report and Recommendation, this Court may adopt
the Report and Recommendation without further review. Moreover, having conducted its own

1

Doc. 1. Respondent opposed. Doc. 8.
Doc. 9.
3
Id.
4
28 U.S.C. § 636(b)(1).
5
Thomas v. Arn, 474 U.S. 140, 149 (1985); L.R. 72.3(b).
2

Case No. 1:15-cv-2120
Gwin, J.
review of the petition and record, the Court agrees with the conclusions in the Report and
Recommendation.
Accordingly, the Court ADOPTS Magistrate Judge Limbert’s Report and
Recommendation and incorporates it fully herein by reference. The Court DENIES Petitioner’s
habeas petition. Furthermore, no basis exists upon which to issue a certificate of appealability.6
IT IS SO ORDERED.

Dated: July 31, 2017

6

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

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

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