Black v. State of Ohio

Filing 25

Order Adopting Report and Recommendation re 24 and Order of Case Dismissal, dismissing 1 Petition for Writ of Habeas Corpus (2254). The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could not be taken in good faith, and that there is no basis upon which to issue a certificate of appealability. 28 U.S.C. §2253(c); Fed. R. App. P. 22(b). Judge Christopher A. Boyko on 10/21/2014. (R,D)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

MICHAEL L. BLACK,
Petitioner,
-vsSTATE OF OHIO,
Respondent.

)
)
)
)
)
)
)
)
)
)
)

Case No. 4:13cv167

Judge Christopher A. Boyko

ORDER

On 1/23/2013, Petitioner filed a pro se Petition for Writ of Habeas Corpus
pursuant to 28 U.S.C. § 2254 (Dkt. #1). The case was referred to Magistrate Judge
Baughman pursuant to Local Rule 72.2. On 9/30/2014, the Magistrate Judge
recommended that Petitioner’s Application for Habeas Corpus be dismissed (Dkt.
#24).
FED. R. CIV.P. 72(b) provides that objections to a Report and
Recommendation must be filed within fourteen days after service, but Petitioner has
failed to timely file any such objections. Therefore, the Court must assume that
Petitioner is satisfied with the Magistrate Judge’s recommendation. Any further
review by this Court would be a duplicative and inefficient use of the Court’s limited
resources. Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984), aff’d, 474 U.S. 140 (1985);
Howard v. Secretary of Health and Human Services, 932 F.2d 505 (6th Cir. 1991);

United States v. Walters, 638 F.2d 947 (6th Cir.1981).
Therefore, Magistrate Judge Baughman’s Report and Recommendation is
ADOPTED and Petitioner’s Writ of Habeas Corpus (Dkt.#1) is DISMISSED.
Furthermore, the court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an
appeal from this decision could not be taken in good faith, and that there is no basis
upon which to issue a certificate of appealability. 28 U.S.C. §2253(c); Fed. R. App.
P. 22(b).
IT IS SO ORDERED.
Dated: 10/21/2014

S/Christopher A. Boyko
CHRISTOPHER A. BOYKO
UNITED STATES DISTRICT JUDGE