Brantley v. Sloan et al

Filing 22

Memorandum Opinion: I adopt the Report and Recommendation in its entirety as the Order of the Court. Further, I certify, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal of 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). re 19 . Judge Jeffrey J. Helmick on 9/28/2017. (S,AL)

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
WESTERN DIVISION

Eric L. Brantley, Sr.,

Case No. 16-cv-200
Petitioner

v.

MEMORANDUM OPINION

Brigham Sloan, et al.,
Respondents
Before me is the Report and Recommendation of Magistrate Judge Jonathan D. Greenberg
filed on February 8, 2017, in the above-entitled action. (Doc. No. 19). Under the relevant statute:
Within [fourteen (14)] days after being served a copy of these proposed Findings and
Recommendation, any party who wishes to object must file and serve written
objections or further appeal is waived.
United States v. Campbell, 261 F.3d 628, 631-32 (6th Cir. 2001) (citation omitted); see also 28 U.S.C. §
636(b)(1) (effective Dec. 1, 2009); Fed. R. Civ. P. 72(b)(2). In this case, the fourteen day period has
elapsed and no objections have been filed.
The failure to file written objections to the Magistrate Judge’s Report and Recommendation
constitutes a waiver of a determination by the district court of an issue covered in the report.
Thomas v. Arn, 474 U.S. 140 (1985); see also United States v. Walters, 638 F.2d 947 (6th Cir. 1981).
Following review of the Magistrate Judge’s Report and Recommendation, I adopt the Report
and Recommendation in its entirety as the Order of the Court. (Doc. No. 15). Accordingly,
Respondents’ Motion to dismiss is granted (Doc. No. 18), and Petitioner’s § 2254 Petition for Writ
of Habeas Corpus is dismissed on grounds of mootness. (Doc. No. 1). Further, I certify, pursuant
to 28 U.S.C. § 1915(a)(3), that an appeal of 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).
So Ordered.
s/ Jeffrey J. Helmick
United States District Judge

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