McClellan v. Mack

Filing 13

Memorandum of Opinion and Order Adopting 11 Report and Recommendation and dismissing petition. Judge Dan A. Polster (C,KA)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
JAMES L. MCCLELLAN,
Petitioner,
vs.
LAWRENCE MACK, Warden,
Respondent.

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CASE NO. 3:11CV1798
JUDGE DAN AARON POLSTER
MEMORANDUM OF OPINION
AND ORDER

Before the Court is the Report and Recommendation of Magistrate Judge George J.
Limbert (“R & R”) (Doc. # 11). The R&R recommends that Petitioner James McClellan’s 28
U.S.C. § 2254 petition for writ of habeas corpus (Doc. # 1) be dismissed for failure to prosecute.
The deadline has long since passed for Petitioner to file written objections to the R&R. See 28
U.S.C. § 636(b)(1). Failure to file objections by the deadline constitutes a waiver of the right to
obtain a de novo review of the R&R in the district court, United States v. Walters, 638 F.2d 947,
949 (6th Cir. 1981), and a waiver of the right to appeal. Thomas v. Arn, 728 F.2d 813 (6th Cir.
1984), aff’d, 474 U.S. 140 (1985).
The Court has reviewed the Magistrate Judge’s R&R and agrees that the petition should
be dismissed without prejudice. Accordingly, the Court ADOPTS the Magistrate Judge’s R&R
(Doc. # 11) and DISMISSES the petition for writ of habeas corpus (Doc. # 1).
IT IS SO ORDERED.
/s/ Dan Aaron Polster September 25, 2012
Dan Aaron Polster
United States District Judge