Kerr v. Turner

Filing 21

Order Adopting Report and Recommendation re 19 Report and Recommendation to deny 16 Motion for Summary Judgment. Judge Christopher A. Boyko on 2/29/2016. (R,D)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

JEREMY KERR,
Petitioner,
-vsNEIL TURNER,
Respondent.

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Case No. 3:15cv2006

JUDGE CHRISTOPHER A. BOYKO

ORDER

On September 28, 2015, Petitioner filed a pro se Petition for Writ of Habeas
Corpus pursuant to 28 U.S.C. § 2254 (Dkt. #1). The case was referred to Magistrate
Judge Baughman pursuant to Local Rule 72.2. On December 21, 2015, Petitioner
filed a Motion for Summary Judgment. On February 9, 2016, the Magistrate Judge
recommended that Petitioner’s Motion be denied (Dkt. # 19).
FED. R. CIV.P. 72(b) provides that objections to a Report and
Recommendation must be filed within fourteen days after service, but Petitioner has
failed to timely file any such objections. Therefore, the Court must assume that
Petitioner is satisfied with the Magistrate Judge’s recommendation. Any further
review by this 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 (6th Cir.1981).
Therefore, Magistrate Judge Baughman’s Report and Recommendation is
ADOPTED and Petitioner’s Motion for Summary Judgment (Dkt.#16) is DENIED,
without prejudice to a final disposition of the Petition upon full review.

IT IS SO ORDERED.
Dated: 2/29/2016

S/Christopher A. Boyko
CHRISTOPHER A. BOYKO
UNITED STATES DISTRICT JUDGE