Nenzoski v. Shewalter

Filing 18

Order Adopting Magistrate Judge's Report and Recommendation (re 17 ) denying Nenzoski's Petition and entering final judgment in favor of Respondent. Signed by Judge Solomon Oliver, Jr on 3/27/2012. (D,M)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

DAVID G. NENZOSKI, Pro Se,
Petitioner
v.
FRANK SHEWALTER, WARDEN,
Respondent

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Case No.: 5:10 CV 488
JUDGE SOLOMON OLIVER, JR.

ORDER

On March 8, 2010, Petitioner David G. Nenzoski, pro se (“Nenzoski”), filed a Petition for
Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254, challenging the constitutionality of his felony
convictions for several counts of sexual battery and unlawful sexual conduct with a minor. (ECF
No. 1.) Petitioner raised two grounds for relief in his Petition: (1) “[d]enial of effective assistance
of defense counsel at trial court’s sentencing plea proceedings, inter alia;” and (2) “[c]onviction
obtained by plea of guilty unlawfully induced and not made voluntarily of nature of plea.” (Id. at
4.)
This case was referred to Magistrate Judge Kenneth S. McHargh for preparation of a report
and recommendation. The Magistrate Judge issued his Report and Recommendation (“R&R”) on
February 23, 2012, recommending that the Petition be denied. (ECF No. 17.) Specifically, the
Magistrate Judge concluded that ground one of the Petition should be denied because it was not
raised before the Supreme Court of Ohio and therefore, the claim was not fairly and fully presented

to the state courts. In addition, he found that the second ground, regarding Nenzoski’s plea, was not
raised in the state courts at all. (R & R at 10-14.)
As of the date of this Order, Petitioner has not filed any objections to the Report and
Recommendation. By failing to do so, he has waived the right to appeal the Magistrate Judge’s
recommendation. United States v. Walters, 638 F.2d 947 (6th Cir. 1981); Thomas v. Arn, 474 U.S.
140 (1985).
The court finds that, after de novo review of the Report and Recommendation and all other
relevant documents, the Magistrate Judge’s conclusions are fully supported by the record and
controlling case law. Accordingly, the court adopts as its own the Magistrate Judge’s Report and
Recommendation. (ECF No. 17.) Consequently, Nenzoski’s Petition is hereby denied and final
judgment is entered in favor of Respondent. The court further certifies that, pursuant to 28 U.S.C.
§ 1915(a)(3), 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.
IT IS SO ORDERED.

/s/ SOLOMON OLIVER, JR.
CHIEF JUDGE
UNITED STATES DISTRICT COURT

March 27, 2012

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