Adams v. Hudson

Filing 27

Memorandum, Opinion and Order Adopting Report and Recommendation. Petitioner's motion for evidentiary hearing is denied; respondent's motion to dismiss is granted. Signed by Judge Jack Zouhary on 3/21/08. (B,CJ) Modified on 3/26/2008 (B,TM).

Adams v. Hudson

Doc. 27

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION Wilson Adams, Petitioner, -vsJUDGE JACK ZOUHARY Stuart Hudson, Respondent. Case No. 4:07 CV 780 MEMORANDUM OPINION AND ORDER

The Court has reviewed the Report and Recommendation of the Magistrate Judge filed February 13, 2008 in this matter. Under the relevant statute (28 U.S.C. § 636(b)(1)(C) (1982)): Within ten 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. In this case, the Court granted Petitioner an extension until March 17, 2008 to file Objections (Doc. No. 26). No Objections have been filed. The failure to file written objections constitutes a waiver of a de novo determination by the district court of an issue covered in the report. United States v. Sullivan, 431 F.3d 976, 984 (2005). The Court adopts the Magistrate Judge's Report and Recommendation (Doc. No. 24) in its entirety. Petitioner's Motion for Evidentiary Hearing (Docket No. 8) is denied and Respondent's Motion to Dismiss (Docket No 13) is granted. IT IS SO ORDERED. s/ Jack Zouhary JACK ZOUHARY U. S. DISTRICT JUDGE March 21, 2008

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