Montgomery v. Miller

Filing 19

Opinion & Order signed by Judge James S. Gwin on 6/26/17. The Court adopts the Report and Recommendation of the Magistrate Judge and denies the petition for habeas corpus relief under 28 U.S.C. § 2254. (Related Docs. 1 and 18 ) (D,MA)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO -----------------------------------------------------KENNY MONTGOMERY, Petitioner, vs. MICHELLE MILLER, Warden, Respondent. : : : : : : : : : : : CASE NO. 1:16-CV-1422 OPINION AND ORDER [Resolving Doc. 1] -----------------------------------------------------JAMES S. GWIN, UNITED STATES DISTRICT JUDGE: Kenny Montgomery petitions for habeas corpus relief under 28 U.S.C. § 2254.1 On November 10, 2016, Respondent Michelle Miller moved to dismiss Montgomery’s claim.2 On May 31, 2017, Magistrate Judge George J. Limbert recommended that the Court dismiss the case.3 Objections to Magistrate Judge Limbert’s Report and Recommendation were due by June 14, 2017. Petitioner Montgomery 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. Doc. 13. 3 Doc. 18. 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. 1:16-CV-1422 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. IT IS SO ORDERED. Dated: June 26, 2017 s/ James S. Gwin JAMES S. GWIN UNITED STATES DISTRICT JUDGE -2-

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