Brown v. Johnson

Filing 14

Memorandum Opinion adopting the Magistrate Judge's report and recommendation. Respondent's motion to dismiss petitioner's petition for a writ of habeas corpus as untimely is granted, and this case 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). (Related documents 1 , 11 , 12 ) Judge Sara Lioi on 12/1/2011. (P,G)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
LAMONT S. BROWN,
PETITIONER,
vs.
ROD B. JOHNSON, Warden,
RESPONDENT.

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CASE NO. 5:11CV162
JUDGE SARA LIOI
MEMORANDUM OPINION

Before the Court is the report and recommendation of the Magistrate Judge in the
above-entitled action. Under the relevant statute:
[. . .] Within fourteen days after being served with a copy, any party
may serve and file written objections to such proposed findings and
recommendations as provided by rules of court. A judge of the court
shall make a de novo determination of those portions of the report or
specified proposed findings or recommendations to which objection
is made.
28 U.S.C. ' 636(b)(1)(C). In this case, the fourteen-day period has elapsed and no objections have
been filed nor has any extension of time been sought. The failure to file written objections to a
Magistrate Judge=s report and recommendation constitutes a waiver of a de novo determination by
the district court of an issue covered in the report. Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984),
aff=d, 474 U.S. 140 (1985); see United States v. Walters, 638 F.2d 947 (6th Cir. 1981).
The Court has reviewed the Magistrate Judge=s report and recommendation and
adopts the same. Accordingly, respondent’s motion to dismiss petitioner’s petition for a writ of
habeas corpus as untimely is GRANTED, and this case 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: December 1, 2011
HONORABLE SARA LIOI
UNITED STATES DISTRICT JUDGE