Billenstein v. Warden, Warren Correctional Institution
Filing
11
Memorandum of Opinion and Order For the reasons set forth herein, the Court adopts the Magistrate Judge's Report and Recommendation (ECF No. 10 ). Petitioner Ryan Billenstein's Petition for a Writ of Habeas Corpus is dismissed. Th e Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could not be taken in good faith, and that there is no basis upon which to issue a certificate of appealability. 28 U.S.C. § 2253(c); Fed. R. App. P. 22(b). Judge Benita Y. Pearson on 8/31/2016. (JLG)
PEARSON, J.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
RYAN BILLENSTEIN,
Petitioner,
v.
WARDEN, WARREN CORRECTIONAL
INSTITUTION,
Respondent.
)
)
)
)
)
)
)
)
)
)
CASE NO. 3:15CV01097
JUDGE BENITA Y. PEARSON
MEMORANDUM OF OPINION AND
ORDER
Pro se Petitioner Ryan Billenstein filed a Petition for a Writ of Habeas Corpus pursuant
to 28 U.S.C. § 2254, see ECF No. 1. Petitioner asserts two grounds for relief, challenging the
constitutional sufficiency of his conviction for: aggravated vehicular homicide, aggravated
vehicular assault, and operating a vehicle while under the influence of alcohol and/or drugs of
abuse. The trial court accepted Petitioner’s plea of no contest to these counts. On May 1, 2013,
the trial court sentenced Petitioner to a total of thirteen years in prison.
On July 28, 2015, the case was referred to Magistrate Judge Nancy Vecchiarelli for
preparation of a report and recommendation pursuant to 28 U.S.C. § 636 and Local Rule
72.2(b)(2). On September 24, 2015, Respondent filed a return of writ (ECF No. 9). Petitioner
did not respond. On July 8, 2016, the Magistrate Judge submitted a report (ECF No. 10)
recommending that the Court dismiss the Petition.
(3:15CV01097)
Fed. R. Civ. P. 72(b)(2) provides that objections to a report and recommendation must be
filed within fourteen (14) days after service.1 Petitioner has not filed any objections to the
magistrate judge’s report and recommendation. Any further review by the Court would be a
duplicative and inefficient use of the Court’s limited resources. Thomas v. Arn, 728 F.2d 813
(6th Cir. 1984), aff’d, 474 U.S. 140 (1985); Howard v. Secretary of Health and Human Services,
932 F.2d 505 (6th Cir. 1991); United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981).
Accordingly, the Court adopts the Magistrate Judge’s Report and Recommendation (ECF No.
10). Petitioner Ryan Billenstein’s Petition for a Writ of Habeas Corpus is dismissed.
The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision
could not be taken in good faith, and that there is no basis upon which to issue a certificate of
appealability. 28 U.S.C. § 2253(c); Fed. R. App. P. 22(b).
IT IS SO ORDERED.
August 31, 2016
Date
/s/ Benita Y. Pearson
Benita Y. Pearson
United States District Judge
1
Under Fed. R. Civ. P. 6(d), three days must be added to the fourteen-day time
period because Petitioner was served the Magistrate Judge’s Report by mail. See
Thompson v. Chandler, 36 F. App’x. 783, 784 (6th Cir. 2002).
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?