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)

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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

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