Garduno v. Kelley

Filing 17

Order Adopting Report and Recommendation 16 dismissing 1 Petition for Writ of Habeas Corpus (2254), Order of Case Dismissal. Judge Christopher A. Boyko on 3/21/2016. (R,D)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

RALPH FRANCIS GARDUNO,
Petitioner,
-vsBENNIE KELLY,
Respondent.

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Case No. 5:14CV2266

JUDGE CHRISTOPHER A. BOYKO

ORDER

On October 10, 2014, Petitioner filed a pro se Petition for Writ of Habeas
Corpus pursuant to 28 U.S.C. § 2254 (Dkt. #1). The case was referred to Magistrate
Judge Baughman pursuant to Local Rule 72.2. On February 26, 2016, the
Magistrate Judge recommended that Petitioner’s application for habeas corpus be
dismissed (Dkt. # 16).
FED. R. CIV.P. 72(b) provides that objections to a Report and
Recommendation must be filed within fourteen days after service, but Petitioner has
failed to timely file any such objections. Therefore, the Court must assume that
Petitioner is satisfied with the Magistrate Judge’s recommendation. Any further
review by this Court would be a duplicative and 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).
Therefore, Magistrate Judge Baughman’s Report and Recommendation is
ADOPTED and Petitioner’s Writ of Habeas Corpus (Dkt.#1) 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: 3/21/2016

S/Christopher A. Boyko
CHRISTOPHER A. BOYKO
UNITED STATES DISTRICT JUDGE