Reeves v. Miller

Filing 33

Order Adopting 31 Report and Recommendation of the magistrate judge. Donald Reeves's 1 Petition for a Writ of Habeas Corpus will be dismissed. The Court certifies that there is no basis upon which to issue a certificate of appealability. Judge Benita Y. Pearson on 6/21/2018. (S,L)

PEARSON, J.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
DONALD REEVES,
Petitioner,
v.
MICHELE MILLER,
Respondent.

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CASE NO. 1:16CV282

JUDGE BENITA Y. PEARSON

MEMORANDUM OF OPINION AND
ORDER

Petitioner Donald Reeves filed a Petition for a Writ of Habeas Corpus pursuant to 28
U.S.C. § 2254 (ECF No. 1), alleging nine (9) grounds for relief which challenge the
constitutionality of his conviction and sentence in the Cuyahoga County Court of Common Pleas
Case No. CR-13-571787. A Cuyahoga County Grand Jury indicted Petitioner on two counts of
rape, including sexually-violent predator specifications; three counts of felonious assault; two
counts of compelling prostitution; six counts of kidnapping, including sexual motivation
specifications; two counts of trafficking in persons, two counts of corrupting another with drugs;
two counts of intimidation of a crime victim or witness; and one count of possessing criminal
tools, including forfeiture of a cell phone in a drug case, forfeiture of a gun in a drug case, and
forfeiture of property specifications. The State amended one count of felonious assault to
attempted felonious assault and one count of corrupting another with drugs to attempted
corrupting another with drugs. Petitioner pled not guilty. Petitioner later withdrew his guilty
plea and entered a guilty plea to one count of attempted felonious assault, one count of corrupting

(1:16CV282)
attempted corrupting another with drugs, one count of felonious assault, and one count of
compelling prostitution. The remaining counts were nolled. The trial court sentenced Petitioner
to an aggregate sentence of seventeen years. The case was referred to Magistrate Judge James R.
Knepp for preparation of a report and recommendation pursuant to 28 U.S.C. § 636 and Local
Rule 72.2(b)(2). On April 6, 2018, the magistrate judge issued a Report and Recommendation
(ECF No. 7). In his report, the magistrate judge recommends that the Court deny the habeas
petition on the following grounds: (1) Grounds Two through Nine are procedurally defaulted; (2)
Ground One fails on the merits; and (3) Petitioner’s Motion for Leave to Amend is futile.
Fed. R. Civ. P. 72(b)(2) provides that objections to a report and recommendation must be
filed within 14 days after service. Objections to the Report were, therefore, due on April 24,
2018.1 But, neither party has timely filed any such objections. Therefore, the Court must assume
that the parties are satisfied with the magistrate judge’s recommendations. 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, 94950 (6th Cir. 1981).
Accordingly, the Report and Recommendation of the magistrate judge is hereby adopted.
Donald Reeves’s Petition for a Writ of Habeas Corpus will be dismissed.

1

Under Fed. R. Civ. P. 6(d), three days must be added to the fourteen-day time
period because Petitioner was served a copy of the Report by mail. See Thompson v.
Chandler, 36 F. App’x. 783, 784 (6th Cir. 2002).
2

(1:16CV282)
The Court certifies 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.

June 21, 2018
Date

/s/ Benita Y. Pearson
Benita Y. Pearson
United States District Judge

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