Williams v. Turner

Filing 10

Memorandum Opinion and Order: For reasons set forth in this order, the Report and Recommendation [Doc No. 9] is ACCEPTED. Entered by Judge Pamela A. Barker on 11/20/2020. (L,Ja)

Case: 1:18-cv-01290-PAB Doc #: 10 Filed: 11/20/20 1 of 2. PageID #: 332

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO

MARCUS E. WILLIAMS,

CASE NO. 1:18-CV-01290
Petitioner,

JUDGE PAMELA A. BARKER

-vsMAGISTRATE JUDGE
DAVID A. RUIZ
WARDEN NEIL TURNER,
Respondent.

MEMORANDUM OF OPINION AND
ORDER

This matter is before the Court upon the Report and Recommendation of Magistrate Judge
David A. Ruiz (Doc. No. 9), issued on October 16, 2020, which recommends denial of the Petition
for Writ of Habeas Corpus (Doc. No. 1) pending before the Court. No objections have been filed.
For the reasons that follow, the Report and Recommendation is ACCEPTED.
STANDARD OF REVIEW
When objections are made to a Magistrate Judge’s Report and Recommendation, the district
court reviews the case de novo. Federal Rule of Civil Procedure 72(b)(3) provides in pertinent part:
The district judge must determine de novo any part of the magistrate
judge’s disposition that has been properly objected to. The district
judge may accept, reject, or modify the recommended disposition;
receive further evidence; or return the matter to the magistrate judge
with instructions.
As stated in the Advisory Committee Notes, “[w]hen no timely objection is filed, the court
need only satisfy itself that there is no clear error on the face of the record in order to accept the
recommendation.” In Thomas v. Arn, 474 U.S. 140, 150 (1985), the Court held, “[i]t does not appear
that Congress intended to require district court review of a magistrate’s factual or legal conclusions,
under a de novo or any other standard, when neither party objects to those findings.”

Case: 1:18-cv-01290-PAB Doc #: 10 Filed: 11/20/20 2 of 2. PageID #: 333

DECISION
This Court, having reviewed the Report and Recommendation and finding no clear error,
accepts the Magistrate Judge’s Report and Recommendation. The Court hereby denies the Petition
for Writ of Habeas Corpus for the reasons stated by the Magistrate Judge in the Report and
Recommendation, which is incorporated herein by reference. Furthermore, the Court certifies,
pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could not be taken in good faith,
and 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.

s/Pamela A. Barker
PAMELA A. BARKER
U. S. DISTRICT JUDGE

Date: November 20, 2020

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