Gordon v. Noble, No. 1:2019cv01106 - Document 14 (N.D. Ohio 2022)
Court Description: Memorandum Opinion and Order: The Court ADOPTS the 12 Report and Recommendation as the Order of this Court, and DENIES and DISMISSES Petitioner's 1 Petition as set forth therein. The Court finds an appeal from this decision could not be taken in good faith. Further, because Petitioner has not made a substantial showing of a denial of a constitutional right directly related to his conviction or custody, the Court declines to issue a certificate of appealability. Judge James R. Knepp II on 9/30/2022. Copy sent to Petitioner Neeko Gordon, #700-768, Madison Correctional Institution, P.O. Box 740, London, OH 43140 by regular U.S. Mail on 9/30/2022. (B,JL)
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Gordon v. Noble Doc. 14 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION NEEKO GORDON, CASE NO. 1:19 CV 1106 Petitioner, v. JUDGE JAMES R. KNEPP II JEFF NOBLE, WARDEN, Respondent. MEMORANDUM OPINION AND ORDER This matter is before the Court on Magistrate Judge Jennifer Dowdell Armstrong’s Report and Recommendation (“R&R”) to dismiss in part and deny in part Petitioner Neeko Gordon’s Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2254. (Doc. 12). Specifically, Judge Armstrong recommends Grounds One and Two be dismissed as non-cognizable, and Ground Three be denied on the merits. See id. at 22-34. Under the relevant statute: Within fourteen days of being served with a copy [of a Magistrate Judge’s R&R], 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); see also FED. R. CIV. P. 72(b)(2). The failure to file timely written objections to a Magistrate Judge’s R&R constitutes a waiver of de novo review by the district court of any issues covered in the R&R. Thomas v. Arn, 728 F.2d 813, 814-15 (6th Cir. 1984); United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981). In this case, the R&R was issued on September 9, 2022, and it is now September 30, 2022. Petitioner has neither filed objections nor requested an extension of time to file them. Despite the Dockets.Justia.com lack of objections, the Court has reviewed Judge Armstrong’s R&R, and agrees with the findings and recommended rulings therein. Therefore, the Court ADOPTS Judge Armstrong’s R&R (Doc. 12) as the Order of this Court, and DENIES and DISMISSES Petitioner’s Petition (Doc. 1) as set forth therein. The Court finds an appeal from this decision could not be taken in good faith. 28 U.S.C. § 1915(a)(3). Further, because Petitioner has not made a substantial showing of a denial of a constitutional right directly related to his conviction or custody, the Court declines to issue a certificate of appealability. 28 U.S.C. § 2253(c)(2); FED. R. APP. P. 22(b); Rule 11 of Rules Governing § 2254 Cases. IT IS SO ORDERED. s/ James R. Knepp II UNITED STATES DISTRICT JUDGE 2
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