Adams v. Eppinger

Filing 12

Order Adopting 5 Report and Recommendation and Denying Petitioner's 4 Motion for leave to Proceed In Forma Pauperis signed by Judge James S. Gwin on 9/8/2021. (S,KM)

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Case: 4:21-cv-00158-JG Doc #: 12 Filed: 09/08/21 1 of 2. PageID #: 5990 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO ----------------------------------------------------------: BENNIE ADAMS, : : : Petitioner, : : vs. : : WARDEN LASHANN EPPINGER, : : : Respondent. : : ------------------------------------------------------------ CASE NO. 4:21-cv-00158 OPINION AND ORDER [Resolving Doc. 4] JAMES S. GWIN, UNITED STATES DISTRICT JUDGE: On January 20, 2021, Plaintiff Bennie Adams filed a petition for Writ of Habeas Corpus. Adams filed an in forma pauperis application.4 The Court referred the matter to Magistrate Judge Jonathan D. Greenberg. On January 27, 2021, Magistrate Judge Greenberg issued a Report and Recommendation (“R&R”) finding that Adams could pay the necessary case filing fees, making in forma pauperis relief inappropriate.5 Objections to the R&R were due by February 10, 2021. Plaintiff Adams 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.5 Failure to timely 1 Doc. 1. Doc. 4. Doc. 5. 4 5 Id. 2 3 28 U.S.C. § 636(b)(1). Case: 4:21-cv-00158-JG Doc #: 12 Filed: 09/08/21 2 of 2. PageID #: 5991 Case No. 4:21-cv-00158 Gwin, J. object waives a party’s right to appeal the magistrate’s report. 6 Where a party does not object to the R&R, a district court may adopt it without review.7 Further, this Court has examined Plaintiff Adams’ in forma pauperis application and believes it should be denied. Accordingly, in light of Plaintiff Adams’s decision not to object to the R&R in this case and his application’s lack of merit, the Court ADOPTS Magistrate Judge Greenberg’s R&R, incorporates it as if fully restated herein, and DENIES Plaintiff Adams’ in forma pauperis application. IT IS SO ORDERED. Dated: September 8, 2021 s/ James S. Gwin JAMES S. GWIN UNITED STATES DISTRICT JUDGE Thomas v. Arn, 474 U.S. 140, 154 (1985); Gerth v. Warden, Allen Oakwood Corr. Inst., 938 F.3d 821, 827 (6th Cir. 2019). 7 See Thomas, 474 U.S. at 149–50. 6 8 28 U.S.C. § 1915(a)(1). -2-

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