Smelko v. Marquis
Filing
18
Order: I adopt the Report and Recommendation, (Doc. No. 17), in its entirety as the Order of the Court, grant Respondent's motion, (Doc. No. 12), and dismiss Smelko's petition. Judge Jeffrey J. Helmick on 3/28/2019. (S,AL)
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
WESTERN DIVISION
Daniel E. Smelko,
Case No. 5:17-cv-1673
Petitioner,
v.
ORDER
David Marquis, Warden,
Respondent.
Before me is the July 13, 2018 Report and Recommendation of Magistrate Judge James R.
Knepp, II, (Doc. No. 17), recommending I grant the motion of Respondent David Marquis to
dismiss the petition of pro se Petitioner Daniel E. Smelko for a writ of habeas corpus pursuant to 28
U.S.C. § 2254. (Doc. No. 12).
Under the relevant statute, “[w]ithin fourteen days after being served with a copy, any party
may serve and file written objections to such proposed findings and recommendations as provided
by rules of court.” 28 U.S.C. § 636(b)(1); United States v. Walters, 638 F.2d 947, 949-50 (6th Cir.
1981). The fourteen-day period elapsed on July 30, 2018, see Fed. R. Civ. P. 6(a)(1) and (d), and no
objections have been filed.
The failure to file written objections to the Magistrate Judge’s Report and Recommendation
constitutes a waiver of a determination by the district court of an issue covered in the report.
Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984), aff’d, 474 U.S. 140 (1985); see also Walters, 638 F.2d at 950
(6th Cir. 1981); Smith v. Detroit Fed’n of Teachers, Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987) (“only
those specific objections to the magistrate’s report made to the district court will be preserved for
appellate review”).
Following review of the Magistrate Judge’s Report and Recommendation, I adopt the Report
and Recommendation, (Doc. No. 17), in its entirety as the Order of the Court, grant Respondent’s
motion, (Doc. No. 12), and dismiss Smelko’s petition.
So Ordered.
s/ Jeffrey J. Helmick
United States District Judge
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