Jackson v Noble

Filing 16

Order signed by Judge James S. Gwin on 2/17/2021 Adopting Report and Recommendation 15 and denying 1 Petition for Writ of Habeas Corpus (2254). (S,KM)

Download PDF
Case: 3:18-cv-00113-JG Doc #: 16 Filed: 02/17/21 1 of 2. PageID #: 826 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO ----------------------------------------------------------: ZACHARY JACKSON, : : : Petitioner, : : vs. : : JEFFREY B. NOBLE, : Warden, London Correctional : Institution, : : Respondent. : : ------------------------------------------------------------ CASE NO. 1:18-cv-113 OPINION AND ORDER [Resolving Doc. 1] JAMES S. GWIN, UNITED STATES DISTRICT JUDGE: On January 16, 2018, Petitioner Zachary Jackson, an Ohio inmate serving an 11-year aggregate sentence for rape, domestic violence, burglary, aggravated burglary, and violating a protection order, petitioned this court for federal habeas corpus relief under 28 U.S.C. § 2254. 1 Petitioner argued only that his convictions were against the manifest weight of the evidence. 2 The Court referred the matter to Magistrate Judge David A. Ruiz. On September 15, 2020, Magistrate Judge Ruiz issued a Report and Recommendation (“R&R”) recommending Petitioner Jackson be denied § 2254 relief after finding that Petitioner Jackson’s manifest weight claim was based on state law and thus was not cognizable on federal habeas review. 3 Alternatively, Magistrate Judge Ruiz construed Petitioner Jackson’s claim as a cognizable sufficiency of the evidence claim and rejected it 1 2 3 Doc. 1. Id. Doc. 15. Case: 3:18-cv-00113-JG Doc #: 16 Filed: 02/17/21 2 of 2. PageID #: 827 Case No. 1:18-cv-113 Gwin, J. on the merits. 4 Objections to that R&R were due by September 29, 2020. 5 Petitioner Jackson filed no objections. The Federal Magistrates Act requires a district court to conduct a de novo review only of those portions of an R&R to which the parties have made an objection. 6 Failure to timely object waives a party’s right to appeal the magistrate’s report. 7 Where a party does not object to the R&R, a district court may adopt it without review. 8 Additionally, this Court has examined the petition and the return and finds Jackson’s habeas petition fails. Accordingly, in light of Petitioner Jackson’s decision not to object to the R&R in this case, the Court ADOPTS Magistrate Judge Ruiz’s R&R, incorporates it as if fully restated herein, and DENIES Petitioner Jackson’s § 2254 habeas petition. IT IS SO ORDERED. Dated: February 17, 2021 4 5 6 Id. Id. s/ James S. Gwin JAMES S. GWIN UNITED STATES DISTRICT JUDGE 28 U.S.C. § 636(b)(1). Thomas v. Arn, 474 U.S. 140, 154 (1985); Gerth v. Warden, Allen Oakwood Corr. Inst., 938 F.3d 821, 827 (6th Cir. 2019). 8 See Thomas, 474 U.S. at 149–50. -27

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?