Cannon v. Sloan

Filing 7

Order Adopting Report and Recommendation. The Court has reviewed the R & R. The Court agrees that Cannon filed his Petition after the time limitations provided had expired and is not entitled to equitable tolling. Accordingly, the Court ADOPTS the Magistrate Judge's R & R, Doc. # 6, and DISMISSES the Petition. Related document 6 . Signed by Judge Dan Aaron Polster on 8/10/2016. (R,Sh)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

NEIL CANNON,
Petitioner,
vs.
BRIGHAM SLOAN,
Respondent.

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CASE NO. 3:15-cv-00717-DAP
JUDGE DAN AARON POLSTER
ORDER ADOPTING REPORT
AND RECOMMENDATION

Before the Court is the Report and Recommendation of Magistrate Judge Nancy A.
Vecchiarelli (“R & R”), Doc #. 6, which recommends that the Court dismiss Petitioner Cannon’s
Petition because it is time-barred. A copy of the R & R was mailed to Cannon on July 20, 2016,
2016. It is now August 10, 2016, and Cannon has yet to file any objection to the R & R.
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). However, where a party fails to object, a district court is not required to
conduct any review, de novo or otherwise, of the report and recommendations of a magistrate

judge. Thomas v. Arn, 474 U.S. 140, 149 (1985). The failure to file written objections also
results in 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 R & R. The Court agrees that Cannon filed his Petition after
the time limitations provided had expired and is not entitled to equitable tolling. Accordingly,
the Court ADOPTS the Magistrate Judge’s R & R, Doc. # 6, and DISMISSES the Petition.
IT IS SO ORDERED.
/s/ Dan A. Polster Aug. 10, 2016
DAN AARON POLSTER
UNITED STATES DISTRICT JUDGE

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