Brown v. Warden, Noble Correctional Institution

Filing 17

REPORT AND RECOMMENDATIONS. It is RECOMMENDED that petitioner's APPLICATION for Entry of Default, ECF 16 , be denied. Objections to R&R due by 1/9/2015. Signed by Magistrate Judge Norah McCann King on 12/22/2014. (pes1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

IRVIN M. BROWN,
Petitioner,
Civil Action 2:14-cv-813
Judge Graham
Magistrate Judge King

vs.

WARDEN, NOBLE CORRECTIONAL
INSTITUTION,
Respondent.

REPORT AND RECOMMENDATION

Respondent sought and was granted until December 12, 2014 to
respond to the Petition. Order, ECF 11.
fact filed on December 2014.

The Return of Writ was in

Return of Writ, ECF 15.1 Under these

circumstances, it is RECOMMENDED that petitioner’s December 22, 2014
application for the entry of default, Application to Clerk for Entry
of Default, ECF 16, be denied.
If any party seeks review by the District Judge of this Report
and Recommendation, that party may, within fourteen (14) days, file
and serve on all parties objections to the Report and Recommendation,
specifically designating this Report and Recommendation, and the part
thereof in question, as well as the basis for objection thereto.
U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b).
1

28

Response to objections

The Certificate of Service reflected in the Return of Writ indicates
that a copy of the filing was mailed to petitioner on December 12, 2014.
Return of Writ, p. 23.

must be filed within fourteen (14) days after being served with a copy
thereof.

Fed. R. Civ. P. 72(b).

The parties are specifically advised that the failure to object
to the Report and Recommendation will result 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.

See, e.g., Pfahler v.

Nat’l Latex Prod. Co., 517 F.3d 816, 829 (6th Cir. 2007) (holding that
“failure

to

constituted

object
a

waiver

to

the

of

[the

magistrate
defendant’s]

judge’s

recommendations

ability

to

appeal

the

district court’s ruling”); United States v. Sullivan, 431 F.3d 976,
984 (6th Cir. 2005) (holding that defendant waived appeal of district
court’s

denial

magistrate

of

judge’s

pretrial
report

motion
and

by

failing

to

recommendation).

timely
Even

object

when

to

timely

objections are filed, appellate review of issues not raised in those
objections is waived.

Robert v. Tesson, 507 F.3d 981, 994 (6th Cir.

2007) (“[A] general objection to a magistrate judge’s report, which
fails

to

specify

the

issues

of

contention,

does

not

suffice

preserve an issue for appeal . . . .”) (citation omitted)).

s/ Norah McCann King
Norah McCann King
United States Magistrate Judge
December 22, 2014
Date

to