Payne v. Sloan

Filing 62

Memorandum of Opinion and Order. The Court ADOPTS the Report and Recommendation of the Magistrate Judge (Doc. 54 ); DISMISSES Petitioner's Grounds for Relief as either procedurally default and/or meritless; and DENIES the Petition for a Writ of Habeas Corpus (Doc. 1 ). The Court finds an appeal from this decision could not be taken in good faith. 28 U.S.C. § 1915(a)(3). Since Petitioner has not made a substantial showing of a denial of a constitutional right directly related to his conviction or custody, the Court declines to issue a certificate of appealability. Judge Christopher A. Boyko on 7/14/21. (S,HR)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
TYLER SETH DUSTIN PAYNE,
Petitioner,
vs.
BRIGHAM SLOAN, Warden,
Respondent.

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CASE NO. 1:18CV302
SENIOR JUDGE
CHRISTOPHER A. BOYKO
MEMORANDUM OF
OPINION AND ORDER

CHRISTOPHER A. BOYKO, S.J.:
This matter is before on the court on Magistrate Judge Thomas M. Parker’s Report and
Recommendation (Doc. 54) to deny Petitioner Payne’s Petition for a Writ of Habeas Corpus
pursuant to 28 U.S.C. § 2254 (Doc. 1) as procedurally defaulted and/or meritless. Objections to
the Report and Recommendation were due by March 30, 2021.1 Petitioner has not filed an
objection to the Report and Recommendation.
Federal Rule of Civil Procedure 72(b) provides that objections to a report and
recommendation must be filed within fourteen days after service. FED. R. CIV. P. 72(b)(2).
Petitioner has failed to timely file any such objection. Therefore, the Court must assume that
Petitioner is satisfied with the Magistrate Judge’s recommendation. Any further review by this
Court would be duplicative and an inefficient use of the Court’s limited resources. Thomas v.
Arn, 474 U.S. 140, 155 (1985); United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981).

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The Objection deadline had been extended numerous times by the Court. The final extension stemmed from this
Court’s denial of Petitioner’s evidentiary motions and objections. The Court then ordered Petitioner to provide
substantive objections to the Report and Recommendation by March 30, 2021. (See Doc. 61).

Accordingly, the Court ADOPTS the Report and Recommendation of the Magistrate Judge
(Doc. 54); DISMISSES Petitioner’s Grounds for Relief as either procedurally default and/or
meritless; and DENIES the Petition for a Writ of Habeas Corpus (Doc. 1).
The Court finds an appeal from this decision could not be taken in good faith. 28 U.S.C.
§ 1915(a)(3). Since Petitioner has not made a substantial showing of a denial of a constitutional
right directly related to his conviction or custody, the Court declines to issue a certificate of
appealability. 28 U.S.C. § 2253(c)(2); FED. R. APP. P. 22(b); Rule 11 of Rules Governing § 2254
Cases.
IT IS SO ORDERED.
s/ Christopher A. Boyko
CHRISTOPHER A. BOYKO
Senior United States District Judge
Dated: July 14, 2021 

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