Johnson v. Sloan

Filing 15

Memorandum Opinion: I adopt the Report and Recommendation (Doc. No. 14) in its entirety as the Order of the Court. The Respondent's motion to dismiss for lack of prosecution (Doc. No. 10) is granted. Johnson's Petition for Writ of Habeas Corpus under 28 U.S.C. § 2254, is dismissed without prejudice. As the failure to file objections to a magistrate judges report also waives appellate review, Smith, 829 F.2d at 1373, I also decline to issue a certificate of appealability. re 14 . Judge Jeffrey J. Helmick on 2/20/2018. (S,AL)

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

Samuel Johnson,

Case No. 1:17-cv-1050
Petitioner

v.

MEMORANDUM OPINION

Brigham Sloan, Warden,
Respondent
Before me is the Report and Recommendation of Magistrate Judge David Ruiz, filed on
October 10, 2017, recommending dismissal of Petitioner Samuel Jackson’s action seeking a writ of
habeas corpus pursuant to 28 U.S.C. § 2254. Under the relevant statute, “[w]ithin fourteen days
after being served with a copy, any party may serve and file written objections to such proposed
findings and recommendations as provided by rules of court.” 28 U.S.C. § 636(b) (1); United States v.
Campbell, 261 F.3d 628 (6th Cir. 2001). 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, 728 F.2d 813 (6th Cir. 1984), aff’d, 474 U.S. 140 (1985); see also United States v. Walters,
638 F.2d 947 (6th Cir. 1981); Smith v. Detroit Fed’n of Teachers, Local 231, 829 F.2d 1370, 1373 (6th Cir.
1987) (“only those specific objections to the magistrate’s report made to the district court will be
preserved for appellate review”).
Following review of the Magistrate Judge’s Report and Recommendation, I adopt the Report
and Recommendation (Doc. No. 14) in its entirety as the Order of the Court. The Respondent’s

motion to dismiss for lack of prosecution (Doc. No. 10) is granted. Johnson’s Petition for Writ of
Habeas Corpus under 28 U.S.C. § 2254, is dismissed without prejudice.
As the failure to file objections to a magistrate judge’s report also waives appellate review,
Smith, 829 F.2d at 1373, I also decline to issue a certificate of appealability.

So Ordered.
s/ Jeffrey J. Helmick
United States District Judge

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