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)

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
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ZACHARY JACKSON,
:
:
:
Petitioner,
:
:
vs.
:
:
JEFFREY B. NOBLE,
:
Warden, London Correctional
:
Institution,
:
:
Respondent.
:
:
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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

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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

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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.
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