Cleary v. Clipper

Filing 11

Order Adopting 10 Report and Recommendation. Judge Jack Zouhary on 3/27/2018. (D,L)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION Zachary John Cleary, Case No. 5:17 CV 1671 Petitioner, ORDER ADOPTING REPORT AND RECOMMENDATION -vsJUDGE JACK ZOUHARY Warden Kimberly Clipper, Respondent. This Court has reviewed the Report and Recommendation (R&R) of the Magistrate Judge filed March 2, 2018 (Doc. 10). The R&R recommends this case be dismissed. Specifically, the R&R concludes that Petitioner waived his claim by failing to state a specific ground for relief (id. at 5–6) (citing McPherson v. Kelsey, 125 F.3d 989, 995–96 (6th Cir. 1997)). And even if the claim is not deemed waived, the R&R concludes that the record does not support a claim that Petitioner was ignorant of his appellate rights or that the state appellate court denial of his motion for leave to file a delayed appeal was contrary to or an unreasonable application of clearly established federal law (id. at 6–8). Under 28 U.S.C. § 636(b)(1), a party must serve and file written objections to the Magistrate’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). See also Thomas v. Arn, 474 U.S. 140 (1985). Petitioner’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, and this Court adopts it in its entirety. Accordingly, this case is dismissed. IT IS SO ORDERED. s/ Jack Zouhary JACK ZOUHARY U. S. DISTRICT JUDGE March 27, 2018 2

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