Brown v. Bradshaw, No. 1:2016cv00838 - Document 14 (N.D. Ohio 2017)

Court Description: Memorandum of Opinion and Order: This matter is before the Court upon the Report and Recommendation of Magistrate Judge Ruiz (Doc. 13 ) which recommends denial of the petitioner's motion for partial summary judgment. Petitioner did not file objections to the recommendation. The Report and Recommendation is ACCEPTED. Judge Patricia A. Gaughan on 3/21/17. (LC,S) re 11
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Brown v. Bradshaw Doc. 14 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION Jeffrey Brown, Plaintiff, Vs. Margaret Bradshaw, Defendant. ) ) ) ) ) ) ) ) ) CASE NO. 1:16 CV 838 JUDGE PATRICIA A. GAUGHAN Memorandum of Opinion and Order Introduction This matter is before the Court upon the Report and Recommendation of Magistrate Judge Ruiz (Doc. 13) which recommends denial of the petitioner’s motion for partial summary judgment. Petitioner did not file objections to the recommendation. For the following reasons, the Report and Recommendation is ACCEPTED. Standard of Review Rule 8(b) of the Rules Governing Section 2254 Cases in the United States District Courts provides, “The judge must determine de novo any proposed finding or recommendation to which objection is made. The judge may accept, reject, or modify any proposed finding or 1 Dockets.Justia.com recommendation.” When no objections have been filed this Court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation. See Advisory Committee Notes 1983 Addition to Federal Rule of Civil Procedure 72. Discussion Petitioner is incarcerated as a result of his 2014 conviction in the Cuyahoga County Common Pleas Court. Magistrate Judge Ruiz is considering the merits of the parties’ arguments as presented in the Petition, Answer, and Traverse. Petitioner moved for partial summary judgment on the basis that the respondent did not respond to petitioner’s Traverse. The Magistrate Judge correctly points out that respondent was not required to do so. Accordingly, the respondent did not waive any defenses or arguments. Having found no clear error, the Court accepts the Report and Recommendation, which is incorporated herein. Accordingly, the petitioner’s motion for partial summary judgment is denied. This matter is returned to the Magistrate Judge for consideration of the Petition. Conclusion For the foregoing reasons, the Report and Recommendation of Magistrate Judge Ruiz is accepted. IT IS SO ORDERED. /s/ Patricia A. Gaughan PATRICIA A. GAUGHAN United States District Judge Dated: 3/21/17 2