Howell v. Warden Richland Correctional Institution

Filing 13

Order Adopting 11 Report and Recommendation. Judge Jack Zouhary on 10/14/2015. (D,L)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
WESTERN DIVISION
Hester Howell, Jr.,

Case No. 4:14 CV 44
Petitioner,

ORDER ADOPTING
REPORT AND RECOMMENDATION

-vsJUDGE JACK ZOUHARY
Warden Richland Correctional Institution,
Respondent.
This Court has reviewed the Report and Recommendation (“R&R”) of the Magistrate Judge
filed September 18, 2015 (Doc. 11). The R&R recommends this Court dismiss the Petition.
Under 28 U.S.C. § 636(b)(1), a party must serve written objections to the Magistrate Judge’s
proposed findings and recommendations within fourteen (14) days of being served with the R&R, at
which time this Court makes a de novo determination of those portions of the R&R to which
objections were made. Failure to file objections within the time frame set forth in the statute
constitutes a waiver of de novo review by the district court. See Thomas v. Arn, 474 U.S. 140, 149
(1985); United States v. Sullivan, 431 F.3d 976, 984 (6th Cir. 2005). “A general objection to the
entirety of the magistrate’s report has the same effects as would a failure to object.” Howard v. Sec’y
of Health & Human Servs., 932 F.2d 505, 509 (6th Cir. 1991).
In his objections to the R&R, Petitioner states only that he “objects to [the] magistrate[’]s
decision” (Doc. 12 at 1). By failing to develop his objections beyond a general disagreement with the
Magistrate’s recommendation, Petitioner has effectively waived de novo review by this Court. The
R&R accurately states the facts and law, which this Court adopts in its entirety.

Accordingly, the Petition is denied and the case is dismissed with prejudice. Further, this
Court certifies an appeal from this decision could not be taken in good faith and there is no basis upon
which to issue a certificate of appealability. 28 U.S.C. § 2253(c).
IT IS SO ORDERED.
s/ Jack Zouhary
JACK ZOUHARY
U. S. DISTRICT JUDGE
October 14, 2015

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