Haas v. Warden Ross Correctional Institution

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATIONS. Plaintiff's action is DISMISSED. Signed by Senior Judge Peter C Economus on 9/3/13. (ds)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
MICHAEL L. HAAS,
Plaintiff,
v.

Case No. 2:13-cv-31
Judge Peter C. Economus

WARDEN, ROSS CORRECTIONAL
INSTITUTION,

ORDER

Defendant.

This matter is before the Court for consideration of the July 5, 2013 Report and
Recommendation of the Magistrate Judge. (Dkt. 10.) The Magistrate Judge recommended that
the Court dismiss this action. He found that Petitioner’s Ground Two, a claim that the verdict
was against the manifest weight of the evidence, cannot be considered on the merits in an action
for habeas corpus relief filed under 28 U.S.C. § 2254. The Magistrate Judge found no merit in
Petitioner’s Grounds One, Three, and Four; for insufficiency of the evidence, prosecutorial
misconduct, and ineffective assistance of counsel, respectively.
The Report and Recommendation specifically advised the parties that failure to object to
the Report and Recommendation within fourteen days results in a “waiver of the right to de novo
review by the District Judge and waiver of the right to appeal the judgment of the District
Court.” (Dkt. 10 at 26.) The Magistrate Judge granted Petitioner’s motion for an extension of
time to file objections, ordering that objections be filed no later than August 19, 2013. More
than two weeks following this deadline, Petitioner has filed neither objections nor a second
motion for an extension.
The Court reviewed the Report and Recommendation pursuant to 28 U.S.C. § 636(b).
Finding the Report and Recommendation to be well-reasoned, and noting that no objections have

been filed and that the time for filing such objections has expired, the Court ADOPTS the
Report and Recommendation of the Magistrate Judge.

Accordingly, Plaintiff’s action is

DISMISSED, and the Clerk is DIRECTED to remove this action from the Court’s pending case
list.
IT IS SO ORDERED.

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