Whitt v. Warden Lebanon Correctional Institution

Filing 4

REPORT AND RECOMMENDATIONS re 3 MOTION for Leave to Proceed in forma pauperis filed by Stephen H. Whitt. It is RECOMMENDED that petitioner's motion be denied. Objections to R&R due by 3/20/2015. Signed by Magistrate Judge Norah McCann King on 3/3/2015. (pes1) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

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

STEPHEN H. WHITT,
Petitioner,
vs.

Civil Action 2:15-CV-560
Judge Marbley
Magistrate Judge King

WARDEN, LEBANON CORRECTIONAL
INSTITUTION,
Respondent.

REPORT AND RECOMMENDATION

Petitioner has filed a motion for leave to proceed in forma
pauperis, ECF 3, and has also paid the $5.00 filing fee.
Petitioner’s motion indicates that, at this juncture, he is able
to financially bear the cost of pursuing this action. If an
evidentiary hearing is required to resolve the issues presented in the
Petition, the Court will reconsider petitioner’s application for leave
to proceed in forma pauperis.
It is therefore RECOMMENDED that petitioner’s motion for leave to
proceed in forma pauperis, ECF 3, 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

Recommendation,

on

all

parties

specifically

objections

designating

to
this

the

Report
Report

and
and

Recommendation, and the part thereof in question, as well as the basis
for objection thereto.

28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b).

Response to objections 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

to

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

March 3, 2015
(Date)

s/Norah McCann King
Norah McCann King
United States Magistrate Judge