Garcia v. Moore, No. 3:2008cv00905 - Document 17 (N.D. Ohio 2009)

Court Description: Memorandum of Opinion and Order Adopting Report and Recommendation of the Magistrate Judge. Joel Garcia's Petition for a Writ of Habeas Corpus will be dismissed. (Related document # 14 ) Signed by Judge John R. Adams on 7/8/2009. (P,G)

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Garcia v. Moore Doc. 17 ADAMS, J. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION JOEL GARCIA, Petitioner, v. ERNIE MOORE, Warden, Respondent. ) ) ) ) ) ) ) ) ) CASE NO. 3:08CV0905 JUDGE JOHN R. ADAMS MEMORANDUM OF OPINION AND ORDER RE: DISMISSING PETITIONER’S APPLICATION FOR WRIT OF HABEAS CORPUS Petitioner pro se Joel Garcia filed a Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254, alleging one ground for relief which challenges the constitutional sufficiency of his prison term of nine years, of which five were designated as mandatory, for possession of cocaine, a felony of the first degree, in violation of Ohio Rev. Code § 2925.11(A)(C)(4)(f). On May 23, 2008, the case was referred to Magistrate Judge Greg White for preparation of a report and recommendation pursuant to 28 U.S.C. § 636 and Local Rule 72.2(b)(2). See Order (Doc. 5). After the respondent filed a Motion to Dismiss (Doc. 10), the Magistrate Judge submitted a Report and Recommendation (Doc. 14) recommending that the petition be dismissed as time-barred under the Antiterrorism and Effective Death Penalty Act (“AEDPA”), 28 U.S.C. § 2244(d). Dockets.Justia.com Fed. R. Civ. P. 72(b) provides that objections to a report and recommendation must be filed within ten (10) days after service, but neither party has filed any such objections.1 Therefore, the Court must assume that the parties are satisfied with the Magistrate Judge’s recommendation. Any further review by this Court would be a duplicative and inefficient use of the Court’s limited resources. Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984), aff’d, 474 U.S. 140 (1985); Howard v. Secretary of Health and Human Services, 932 F.2d 505 (6th Cir. 1991); United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981). Accordingly, the Report and Recommendation of the Magistrate Judge is hereby adopted. Joel Garcia’s Petition for a Writ of Habeas Corpus will be dismissed. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could not be taken in good faith, and that there is no basis upon which to issue a certificate of appealability. 28 U.S.C. §2253(c); Fed. R. App. P. 22(b). IT IS SO ORDERED. July 8, 2009 Date /s/ John R. Adams John R. Adams U.S. District Judge 1 Although the petitioner was given an extension of time until May 28, 2009, he has not filed any objections to date. See Marginal Entry Order (Doc. 16) entered on May 1, 2009. 2

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