Banks v. Bunting

Filing 12

Opinion and Order Adopting Interim Report and Recommendation of the Magistrate Judge and denying petitioner's motion to dismiss his petition without prejudice signed by Judge James S. Gwin on 6/15/15. (Related Docs. 8 , 11 ) (M,G)

Download PDF
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO ------------------------------------------------------: GEOFFREY M. BANKS, : : Petitioner, : : v. : : JASON BUNTING, Warden, : : : Respondent. : ------------------------------------------------------- CASE NO. 1:14-CV-01945 OPINION & ORDER [Resolving Doc. 8] JAMES S. GWIN, UNITED STATES DISTRICT JUDGE: Petitioner Geoffrey Banks moves to dismiss, without prejudice, his Petition for Writ of Habeas Corpus under 28 U.S.C. § 2254.1/ On May 18, 2015, Magistrate Judge Kathleen B. Burke issued an Interim Report and Recommendation (R&R) recommending that the Court deny Banks’ motion.1/ Banks has not filed an objection to the R&R. The Federal Magistrates Act requires a district court to conduct a de novo review only of those portions of an R&R to which the parties have made an objection.2/ Parties must file any objections to an R&R within fourteen days of service.3/ Failure to object within that time waives a party’s right to appeal the Magistrate Judge’s recommendation.4/ Absent objection, a district court 1/ Doc. 8. 1/ Doc. 11. 2/ 28 U.S.C. § 636(b)(1). 3/ N.D. Ohio L.R. 72.3(b). 4/ Id.; see Thomas v. Arn, 474 U.S. 140, 145 (1985); United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981). Case No. 1:14-CV-01945 Gwin, J. may adopt the Magistrate Judge’s report without review.5/ Accordingly, the Court ADOPTS Magistrate Judge Burke’s findings of fact and conclusions of law and incorporates them fully herein by reference. The Court DENIES Banks’ motion to dismiss his petition without prejudice. IT IS SO ORDERED. s/ James S. Gwin JAMES S. GWIN UNITED STATES DISTRICT JUDGE Dated: June 15, 2015 5/ Thomas, 474 U.S. at 149. -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?