Lester v. Welch, No. 3:2009cv01785 - Document 20 (N.D. Ohio 2010)

Court Description: Memorandum Opinion and Order adopting 19 Report and Recommendation. in its entirety. The Court denies the Petition for Writ of Habeas Corpus. Judge Jack Zouhary on 7/21/10. (B,CJ)

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Lester v. Welch Doc. 20 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION Stephen M. Lester, Case No. 3:09 CV 1785 Petitioner, MEMORANDUM OPINION AND ORDER -vsJUDGE JACK ZOUHARY Robert Welch, Respondent. Petitioner Stephen Lester, a prisoner in state custody, filed a Petition for a Writ of Habeas Corpus (Doc. No. 1). The case was referred to United States Magistrate Judge Nancy Vecchiarelli for a Report and Recommendation (R&R) pursuant to Local Rule 72.2(b)(2). The Magistrate Judge filed the R&R on May 27, 2010 (Doc. No. 19). Under 28 U.S.C. ยง 636(b)(1)(C): 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. 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 report. United States v. Sullivan, 431 F.3d 976, 984 (2005). Dockets.Justia.com The Court has reviewed the R&R, and having found it legally and factually accurate, adopts the R&R in its entirety. Therefore, the Court denies the Petition for Writ of Habeas Corpus (Doc. No. 1). IT IS SO ORDERED. s/ Jack Zouhary JACK ZOUHARY U. S. DISTRICT JUDGE July 21, 2010 2

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