Middlesworth v. State of Ohio

Filing 9

Memorandum Opinion and Order Adopting Report and Recommendation of Magistrate Judge George J. Limbert; petitioner's petition for a writ of habeas corpus is denied (Related documents 8 and 1 ). Judge Peter C. Economus on 7/22/08. (S,AA)

Middlesworth v. State of Ohio

Doc. 9

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION JAMES MIDDLEWORTH, PETITIONER, V. STATE OF OHIO, RESPONDENT. ) ) ) ) ) ) ) ) ) ) ) CASE NO. 5:07CV1683 JUDGE PETER C. ECONOMUS

MEMORANDUM OPINION AND ORDER

This matter is before the Court upon a petition for a writ of habeas corpus filed by James Middleworth ("Petitioner"), pursuant to 28 U.S.C. § 2254. (Dkt. # 1). On June 18, 2007, this case was automatically referred to Magistrate Judge George J. Limbert for preparation of a Report and Recommendation, pursuant to 28 U.S.C. § 636 and LR 72.1. (Dkt. # 3). On June 24, 2008, the Magistrate issued a report and

recommendation, recommending that the Court deny the instant petition because Petitioner has failed to comply with the Magistrate Judge's Order of May 21, 2008, directing Petitioner to file an amended petition pursuant to Rule 2(c) of the Rules Governing Section 2254 Cases because the original petition lacked factual support. (Dkt. # 7). FED. R. CIV.P. 72(b) provides that objections to a report and recommendation must be filed within ten (10) days after service, but Petitioner has failed to timely file any such objections. Therefore, the Court must assume that Petitioner is satisfied with the

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Magistrate Judge's recommendation. Any further review by this Court would be a duplicative and an 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). The Court has reviewed the report and recommendation of the Magistrate Judge de novo, and finds that it is well-supported. Therefore, the Report and Recommendation of Magistrate Judge Limbert (Dkt. # 8) is hereby ADOPTED, and Petitioner's petition for a writ of habeas corpus is DENIED. IT IS SO ORDERED. /s/ Peter C. Economus ­ July 22, 2008 PETER C. ECONOMUS UNITED STATES DISTRICT JUDGE