Clay v. Smith, No. 5:2009cv02600 - Document 13 (N.D. Ohio 2010)

Court Description: Memorandum of Opinion and Order Adopting 11 Report and Recommendation and denying petition. Judge Dan Aaron Polster on 10/13/10. (P,R)

Download PDF
Clay v. Smith Doc. 13 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION MICHAEL F. CLAY, Petitioner, vs. KEITH SMITH, Warden Respondent. ) ) ) ) ) ) ) ) ) CASE NO. 5:09cv2600 JUDGE DAN AARON POLSTER MEMORANDUM OF OPINION AND ORDER Before the Court is the Report and Recommendation of Magistrate Judge issued (“R & R”) (Doc #: 11). Petitioner has filed a 28 U.S.C. § 2254 petition for writ of habeas corpus. On August 30, 2010, the Magistrate Judge issued a Report and Recommendation (“R&R”) recommending that the habeas petition be denied. Under the relevant statute: Within ten 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. A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made. 28 U.S.C. § 636(b)(1)(C) (1988) (emphasis added). On September 14, 2010, Petitioner was granted an extension until October 4, 2010 to file objections to the R&R. It is now October 13, 2010, and Petitioner has yet to file his any objections or request a further extension. Dockets.Justia.com The failure to timely file written objections to a Magistrate Judge’s R & R constitutes a waiver of a de novo 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 United States v. Walters, 638 F.2d 947 (6th Cir. 1981). The Court has reviewed the Magistrate Judge’s thorough and well-written R & R (Doc #: 11) and hereby ADOPTS it. Accordingly, Petitioner’s petition for writ of habeas corpus is DENIED. IT IS SO ORDERED. /s/ Dan Aaron Polster October 13, 2010 Dan Aaron Polster United States District Judge -2-

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.