Lathan v. Hudson

Filing 18

JUDGMENT Adopting Report and Recommendation. Petitioner's Motion for Stay and Abeyance denied. Case dismissed without prejudice. Judge David A. Katz on 12/9/08. (G,C)

Lathan v. Hudson

Doc. 18

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION DAREK LATHAN, Plaintiff, -vsSTUART HUDSON, Warden, Defendant. KATZ, J. Before the Court is the Report and Recommendation of the Magistrate Judge filed November 20, 2008 in the above-entitled action. Under the relevant statute: Within ten 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) (1982). In this case, the ten-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) affirmed, 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 that Report and Recommendation in its entirety.

Case No. 3:08 CV 406 JUDGMENT ENTRY

Petitioner's Motion for Stay and Abeyance is denied.

Case dismissed without prejudice
IT IS SO ORDERED. S/ David A. Katz DAVID A. KATZ U. S. DISTRICT JUDGE

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