Jackson v. Haviland
Filing
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Memorandum Opinion: This Court has reviewed Magistrate Judge Parker's report and recommendation (Doc. No. 10 ) and accepts and adopts the same. Accordingly, respondent's motion to dismiss as time-barred is granted, Jackson's pe tition for writ of habeas corpus pursuant to 28 U.S.C. Section 2254 is denied in its entirety with prejudice, and this case is dismissed. The Court certifies that an appeal from this decision could not be taken in good faith and that there is no basis upon which to issue a certification of appealability. 28 U.S.C. Sections 1915(a)(3), 2253(c); Fed. R. App. P. 22(b). Judge Sara Lioi on 1/15/2019. (P,J)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
MICHAEL L. JACKSON,
PETITIONER,
v.
JAMES HAVILAND, Warden,
RESPONDENT.
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CASE NO. 3:18-CV-0840
JUDGE SARA LIOI
MEMORANDUM OPINION
Before the Court is the report and recommendation of Magistrate Judge Thomas M. Parker,
recommending that petitioner Michael Jackson’s (“Jackson”) petition for a writ of habeas corpus
pursuant to 28 U.S.C. § 2254 be denied and that the Court grant respondent James Haviland’s
motion to dismiss Jackson’s petition as time-barred. (Doc. No. 10.)
Under the relevant statute:
Within fourteen days after being served with a copy, any party may serve and file
written objections to such proposed findings and recommendations as provided by
rules of court. A judge of the court shall make a de novo determination of those
portions of the report or specified proposed findings or recommendations to which
objection is made.
28 U.S.C. ' 636(b)(1)(C).
The fourteen-day period has lapsed, and no objections have been filed nor has any extension
of time been sought. The failure to file written objections to a magistrate judge’s report and
recommendation constitutes a waiver of a de novo determination by the district court of an issue
covered in the report. Thomas v. Arn, 728 F.2d 813, 814–15 (6th Cir. 1984), aff’d, 474 U.S. 140
(1985); see United States v. Walters, 638 F.2d 947 (6th Cir. 1981).
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This Court has reviewed Magistrate Judge Parker’s report and recommendation and accepts
and adopts the same. Accordingly, respondent’s motion to dismiss as time-barred is GRANTED,
Jackson’s petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 is DENIED in its entirety
with prejudice, and this case is DISMISSED. The Court certifies that an appeal from this decision
could not be taken in good faith and that there is no basis upon which to issue a certification of
appealability. 28 U.S.C. §§ 1915(a)(3), 2253(c); Fed. R. App. P. 22(b).
IT IS SO ORDERED.
Dated: January 15, 2019
HONORABLE SARA LIOI
UNITED STATES DISTRICT JUDGE
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