Yoder v. Tibbals

Filing 22

Order Adopting 20 Report and Recommendation. Petitioner's deadline for filing objections has passed, and no request for an extension has been received. This Court dismisses the Petition with prejudice. Judge Jack Zouhary on 7/31/2014. (D,L)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
WESTERN DIVISION
Sam Yoder,

Case No. 5:13 CV 118
Petitioner,

ORDER ADOPTING
REPORT AND RECOMMENDATION

-vsJUDGE JACK ZOUHARY
Terry A. Tibbals,
Respondent.

This Court has reviewed the Report and Recommendation (“R&R”) of the Magistrate Judge
filed July 15, 2014 (Doc. 20). The R&R recommends this Court dismiss Yoder’s Petition as
procedurally defaulted.
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. The 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 United States v. Sullivan, 431 F.3d
976, 984 (6th Cir. 2005); Thomas v. Arn, 474 U.S. 140, 149 (1985).
Petitioner’s deadline for filing objections has passed, and no request for an extension has been
received. The R&R accurately states the facts and law, which this Court adopts in its entirety.
Accordingly, this Court dismisses the Petition with prejudice. This Court further certifies that an

appeal from this decision could not be taken in good faith and declines to issue a certificate of
appealability. See 28 U.S.C. § 2253.
IT IS SO ORDERED.
s/ Jack Zouhary
JACK ZOUHARY
U.S. DISTRICT JUDGE
July 31, 2014

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