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)

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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

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