Sax v. Bunting
Memorandum Opinion and Order Adopting Report and Recommendation 7 and dismissing petition 1 in its entirety. 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. Judge Benita Y. Pearson on 8/21/2017 (C,KA)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
JEREMY M. SAX,
CASE NO. 3:15CV2495
JUDGE BENITA Y. PEARSON
MEMORANDUM OF OPINION AND
Petitioner filed a Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254.
ECF No. 1. The Court referred the case to Magistrate Judge Thomas M. Parker for preparation
of a Report and Recommendation pursuant to 28 U.S.C. § 636 and Local Rule 72.2(b)(1).1 The
Magistrate Judge submitted a Report (ECF No. 7) recommending that the Court dismiss the
Petition, as Petitioner’s claims are procedurally defaulted. ECF No. 7 at PageID #: 437.
Fed. R. Civ. P. 72(b)(2) provides that objections to a report and recommendation must be
filed within fourteen days after service. See also . ECF No. 7 at PageID #: 438 (instructing
parties to file any objections within fourteen days). No objections have been filed, evidencing
satisfaction 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
The case was originally referred to Magistrate Judge Gerg White, but, upon his
retirement, the reference was withdrawn, and the case was referred to Magistrate Judge
Parker, pursuant to General Order 2016-3.
Services, 932 F.2d 505 (6th Cir. 1991); United States v. Walters, 638 F.2d 947, 949-50 (6th Cir.
Accordingly, the Court adopts the Magistrate Judge’s Report and Recommendation and
dismisses Petitioner’s Petition, in its entirety. 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.
IT IS SO ORDERED.
August 21, 2017
/s/ Benita Y. Pearson
Benita Y. Pearson
United States District Judge
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