McClellan v. Mack, No. 3:2011cv01798 - Document 13 (N.D. Ohio 2012)
Court Description: Memorandum of Opinion and Order Adopting 11 Report and Recommendation and dismissing petition. Judge Dan A. Polster (C,KA)
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McClellan v. Mack Doc. 13 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION JAMES L. MCCLELLAN, Petitioner, vs. LAWRENCE MACK, Warden, Respondent. ) ) ) ) ) ) ) ) ) CASE NO. 3:11CV1798 JUDGE DAN AARON POLSTER MEMORANDUM OF OPINION AND ORDER Before the Court is the Report and Recommendation of Magistrate Judge George J. Limbert (“R & R”) (Doc. # 11). The R&R recommends that Petitioner James McClellan’s 28 U.S.C. § 2254 petition for writ of habeas corpus (Doc. # 1) be dismissed for failure to prosecute. The deadline has long since passed for Petitioner to file written objections to the R&R. See 28 U.S.C. § 636(b)(1). Failure to file objections by the deadline constitutes a waiver of the right to obtain a de novo review of the R&R in the district court, United States v. Walters, 638 F.2d 947, 949 (6th Cir. 1981), and a waiver of the right to appeal. Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984), aff’d, 474 U.S. 140 (1985). The Court has reviewed the Magistrate Judge’s R&R and agrees that the petition should be dismissed without prejudice. Accordingly, the Court ADOPTS the Magistrate Judge’s R&R (Doc. # 11) and DISMISSES the petition for writ of habeas corpus (Doc. # 1). IT IS SO ORDERED. /s/ Dan Aaron Polster September 25, 2012 Dan Aaron Polster United States District Judge Dockets.Justia.com
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