Johnson v. Clipper

Filing 14

Memorandum Opinion and Order 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 3/6/2019. Neither party has filed any su ch objections. Any further review would be a duplicative and inefficient use of the Court's limited resources. Reginal L. Johnson's Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2254 will be dismissed. The Court certifies that there is no basis upon which to issue a certificate ofappealability. 28 U.S.C. § 2253(c); Fed. R. App. P. 22(b). Judge Benita Y. Pearson on 3/19/2019. Related document(s) 9 , 12 . (S,Ke)

PEARSON, J.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
REGINAL L. JOHNSON,
Petitioner,
v.
WARDEN KIMBERLY CLIPPER,

Respondent.

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CASE NO. 1:17CV780

JUDGE BENITA Y. PEARSON

MEMORANDUM OF OPINION AND
ORDER

Pro Se Petitioner Reginal L. Johnson, an Ohio prisoner at the Lorain Correctional
Institution, filed a Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (ECF No.
1), alleging two grounds for relief which challenge the constitutional sufficiency of his
convictions and sentences in Lorain County, Ohio Court of Common Pleas Case No.
13CR086507.1 The case was referred to Magistrate Judge Thomas M. Parker for a Report and
Recommendation pursuant to 28 U.S.C. § 636 and Local Rule 72.2(b)(2). The magistrate judge
issued a Report recommending that the Court dismiss Ground One of the petition as unexhausted
and permit Johnson to file an amended petition omitting the unexhausted claim within 30 days.
ECF No. 9. The Court adopted the Report and Recommendation, dismissing Ground One and
allowing Ground Two to persist. ECF No. 12.

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Johnson was indicted and charged with engaging in a pattern of corrupt activity,
possession of and trafficking in illegal drugs, permitting drug abuse, and possession of
criminal tools. He pleaded guilty to the indictment, and he was sentenced to serve 15
years in prison. ECF No. 1 at PageID#: 1-2.

(1:17CV780)
The magistrate judge issued another Report and Recommendation to the effect that
Johnson’s petition should be dismissed because his remaining claim was likely procedurally
defaulted, and, in any event, meritless and noncognizable. ECF No. 13 at PageID#: 409. The
magistrate judge also recommended that the Court decline to grant a certificate of appealability.
Id. at PageID#: 410.
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 March 6,
2019.2 Neither party has filed any such objections. Any further review 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. Sec’y of Health and Human Servs., 932 F.2d 505
(6th Cir. 1991); United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981).
Reginal L. Johnson’s Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2254 will
be dismissed. 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.

March 19, 2019
Date

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

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).