Willis v. Anderson, No. 3:2008cv01831 - Document 12 (N.D. Ohio 2009)

Court Description: MEMORANDUM OPINION & ORDER Adopting Report and Recommendation re 11 Petition is hereby denied. The Court certifies that an appeal from this decision could not be taken in good faith and no certificate of appealability shall issue. Judge Jack Zouhary on 7/2/09. (B,CJ)

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Willis v. Anderson Doc. 12 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION Karl Willis, Case No. 3:08 CV 1831 Plaintiff, MEMORANDUM OPINION AND ORDER -vsJUDGE JACK ZOUHARY Carl Anderson, Defendant. The Court has reviewed the Report and Recommendation (R&R) of Magistrate Judge Armstrong filed June 12, 2009 in this matter (Doc. No. 11). Under the relevant statute (28 U.S.C. § 636(b)(1)): 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. In this case, the ten-day period has elapsed and no objections have been filed. The failure to file written objections constitutes a waiver of a de novo determination by the district court of an issue covered in the R&R. United States v. Sullivan, 431 F.3d 976, 984 (6th Cir. 2005). After reviewing the Petition for Writ of Habeas Corpus (Doc. No. 1), Defendant Carl Anderson’s Motion to Dismiss Habeas Petition as Time-Barred (Doc. No. 7), and the Magistrate’s R&R, the Court adopts the R&R in its entirety. The Petition is denied. Furthermore, this Court certifies that an appeal could not be taken in good faith pursuant to 28 U.S.C. § 2253(c), therefore a certificate of appealability shall not issue. IT IS SO ORDERED. s/ Jack Zouhary JACK ZOUHARY U. S. DISTRICT JUDGE July 2, 2009 Dockets.Justia.com

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