Toyer v. Turner

Filing 9

Opinion & Order signed by Judge James S. Gwin on 8/17/16. The Court, for the reasons set forth in this order, adopts the Report and Recommendation of the Magistrate Judge and denies the petition under 28 U.S.C. Section 2254. (Related Docs. 1 and 8 ) (D,MA)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
-----------------------------------------------------CHARLES TOYER,
Petitioner,
vs.
NEIL TURNER, Warden,
Respondent.

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CASE NO. 3:15-CV-1990

OPINION & ORDER
[Resolving Docs. 1, 6]

-----------------------------------------------------JAMES S. GWIN, UNITED STATES DISTRICT JUDGE:
On September 25, 2015, Petitioner Charles Toyer filed a habeas corpus petition under 28
U.S.C. § 2254.1 On June 30, 2016, Magistrate Judge Parker recommended that the Court dismiss
Petitioner Toyer’s petition as time-barred.2 Objections to Magistrate Judge Parker’s Report and
Recommendation were due by July 14, 2016. Petitioner Toyer has not filed objections to the
Report and Recommendation.
The Federal Magistrates Act requires a district court to conduct a de novo review only of
those portions of a Report and Recommendation to which the parties have made an objection.3
Absent objection, a district court may adopt the Report and Recommendation without review.4
Because no party has objected to the Report and Recommendation, this Court may adopt
the Report and Recommendation without further review. Moreover, having conducted its own
review of the petition and record, the Court agrees with the conclusions in the Report and
Recommendation.

1

Doc. 1. Respondent moved to dismiss. Doc. 6.
Doc. 8.
3
28 U.S.C. § 636(b)(1).
4
Thomas v. Arn, 474 U.S. 140, 149 (1985); L.R. 72.3(b).
2

Case No. 3:15-cv-1990
Gwin, J.
Accordingly, the Court ADOPTS Magistrate Judge Parker’s Report and
Recommendation and incorporates it fully herein by reference. The Court DENIES Petitioner’s
habeas petition.
IT IS SO ORDERED.

Dated: August 17, 2016

s/
James S. Gwin
JAMES S. GWIN
UNITED STATES DISTRICT JUDGE

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