Turner v. DeWine

Filing 22

Memorandum of Opinion and Order For the reasons set forth herein, the Court adopts the Magistrate Judge's R&R (ECF No. 21 ). Petitioner's petition (ECF No. 1 ) is denied in its entirety with prejudice. 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. Benita Y. Pearson on 11/26/2014. (JLG)

PEARSON, J.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
JERMAINE TURNER,
Petitioner,
v.
ALAN LAZAROFF,
Respondent.

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CASE NO. 5:13cv1089

JUDGE BENITA Y. PEARSON

MEMORANDUM OF OPINION AND
ORDER [Regarding ECF No. 21]

On October 31, 2014, Magistrate Judge George J. Limbert issued a Report and
Recommendation (“R&R”) recommending that the Court dismiss Petitioner’s petition for a writ
of habeas corpus (ECF No. 1) in its entirety with prejudice, including denying as moot
Petitioner’s request for an evidentiary hearing (ECF No. 9) that the Court had previously held in
abeyance (ECF No. 20).
The Federal Magistrates Act requires a district court to conduct a de novo review only of
those portions of a report and recommendation to which the parties have made an objection. 28
U.S.C. § 636(b)(1)(C). Parties must file any objections to a report and recommendation within
14 days of service. Id.; Fed. R. Civ. Pro. 72(b)(2). Failure to object within this time waives a
party’s right to appeal the district court’s judgment. Thomas v. Arn, 474 U.S. 140, 145 (1985);
United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981). Absent objection, a district court
may adopt a magistrate judge’s report without review. See Thomas, 474 U.S. at 149.
In the instant case, objections to the R&R were due by November 17, 2014. Petitioner

(5:13cv1089)
has not filed an objection. Accordingly, the Court adopts the R&R (ECF No. 21). Petitioner’s
petition (ECF No. 1) is denied in its entirety with prejudice. 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.

IT IS SO ORDERED.

November 26, 2014
Date

/s/ Benita Y. Pearson
Benita Y. Pearson
United States District Judge

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