Westerfield v. Wainwright

Filing 33

Memorandum Order: The Court has reviewed the Magistrate Judge's report and recommendation and adopts the same. Accordingly, the motion of petitioner Jason L. Westerfield to dismiss his petition is GRANTED, and this case is DISMISSE D. (Doc. Nos. 31 and 32 .) The Court certifies that an appeal from this decision could not be taken in good faith and that there is no basis upon which to issue a certification of appealability. 28 U.S.C. §§ 1915(a)(3), 2253(c); Fed. R. App. P. 22(b). Judge Sara Lioi on 1/6/2021. (E,CK)

Case: 1:18-cv-02725-SL Doc #: 33 Filed: 01/06/21 1 of 2. PageID #: 1001

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

JASON L. WESTERFIELD,

PETITIONER,
vs.
WARDEN LYNEAL WAINWRIGHT,

RESPONDENT.

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CASE NO. 1:18-cv-2725

JUDGE SARA LIOI

MEMORANDUM OPINION

Before the Court is the report and recommendation of the Magistrate Judge in the
above-entitled action. (Doc. No. 32.) Under the relevant statute:
[. . .] Within 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. A judge of the court shall make a de novo
determination of those portions of the report or specified
proposed findings or recommendations to which objection is
made.
28 U.S.C. ' 636(b)(1)(C). In this case, the fourteen-day period has elapsed and no
objections have been filed. The failure to file written objections to a Magistrate Judge=s
report and recommendation constitutes a waiver of a de novo 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 United States v. Walters, 638 F.2d 947 (6th Cir. 1981).
The Court has reviewed the Magistrate Judge=s report and recommendation and
adopts the same. Accordingly, the motion of petitioner Jason L. Westerfield to dismiss his
petition is GRANTED, and this case is DISMISSED. (See Doc. No. 31.) The Court

Case: 1:18-cv-02725-SL Doc #: 33 Filed: 01/06/21 2 of 2. PageID #: 1002

certifies that an appeal from this decision could not be taken in good faith and that there is
no basis upon which to issue a certification of appealability. 28 U.S.C. §§ 1915(a)(3),
2253(c); Fed. R. App. P. 22(b).
IT IS SO ORDERED.

Dated: January 6, 2021
HONORABLE SARA LIOI
UNITED STATES DISTRICT JUDGE

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