McDaniel v. Clipper

Filing 14

Order Adopting 13 Report and Recommendation and dismissing 1 the Petition. Judge Jack Zouhary on 9/16/2016. (D,L)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
WESTERN DIVISION
Marcel D. McDaniel,

Case No. 5:15 CV 1061
Petitioner,

ORDER ADOPTING
REPORT AND RECOMMENDATION

-vsJUDGE JACK ZOUHARY
Kimberly Clipper,
Respondent.
This Court has reviewed the Magistrate Judge’s Report and Recommendation (“R&R”) ( Doc.
13). The R&R recommends the Petition of Marcel McDaniel for a Writ of Habeas Corpus (Doc. 1)
be dismissed.
Under 28 U.S.C. § 636(b)(1), a party must serve written objections to an R&R within fourteen
(14) days of being served with the R&R. If a party timely objects, this Court reviews de novo the
portions of the R&R to which objections were made. If a party does not timely object, the party
waives de novo review by the district court. See Thomas v. Arn, 474 U.S. 140, 149 (1985); United
States v. Sullivan, 431 F.3d 976, 984 (6th Cir. 2005).
McDaniel’s deadline for filing objections has passed, and this Court has received no requests
for extension. The R&R accurately states the facts and law. This Court adopts the R&R in full. The
Petition for Writ of Habeas Corpus is dismissed with prejudice.
Further, this Court certifies 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. 28 U.S.C. § 2253(c).
IT IS SO ORDERED.
s/ Jack Zouhary
JACK ZOUHARY
U. S. DISTRICT JUDGE
September 16, 2016