Newman v Bunting, No. 3:2014cv01325 - Document 9 (N.D. Ohio 2015)
Court Description: Opinion & Order signed by Judge James S. Gwin on 11/23/15 adopting the Report and Recommendation of the Magistrate Judge and dismissing the petition with prejudice. Further, the Court certifies pursuant to 28 U.S.C. Section 1915(a)(3) that an appeal from this decision could not be taken in good faith and no basis exists upon which to issue a certificate of appealability. (Related Docs. 1 and 8 ) (W,M)
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Newman v Bunting Doc. 9 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO ------------------------------------------------------: TIMOTHY L. NEWMAN, : : Petitioner, : : v. : : JASON BUNTING, Warden, : : Respondent. : : ------------------------------------------------------- CASE NO. 3:14-CV-1325 OPINION & ORDER [Resolving Doc. 1] JAMES S. GWIN, UNITED STATES DISTRICT JUDGE: Petitioner Timothy Newman seeks a writ of habeas corpus under 28 U.S.C. § 2254.1/ On October 28, 2015, Magistrate Judge Knepp recommended that this Court dismiss the petition.2/ Neither party objected to Magistrate Judge Knepp’s Report and Recommendation (“R&R”). The Federal Magistrates Act requires a district court to conduct a de novo review only of those portions of a R&R to which a party has made an objection.3/ Parties must file any objections to a R&R within fourteen days of service.4/ Failure to object within that time waives a party’s right to have the Court review the R&R.5/ Absent objection, a district court may adopt the R&R without review.6/ In this case, neither party has objected to the R&R. Moreover, having conducted its own review of the record and the parties’ briefing in this case, this Court agrees with the conclusions of 1/ Doc. 1. Responded filed a return of writ. Doc. 5. Petitioner Replied. Doc. 7. 2/ Doc. 8. 3/ 28 U.S.C. § 636(b)(1)(C). 4/ Fed. R. Civ. P. 72(b)(2); LR 72.3(b). 5/ LR 72.3(b); see Thomas v. Arn, 474 U.S. 140, 145 (1985); United States v. Walters, 638 F.2d 947, 949–50 (6th Cir. 1981). 6/ See Thomas, 474 U.S. at 149. -1- Dockets.Justia.com Case No. 3:14-CV-1325 Gwin, J. Magistrate Judge Knepp. Accordingly, the Court ADOPTS in whole Magistrate Judge Knepp’s Report and Recommendation and incorporates it fully herein by reference. The Court DISMISSES WITH PREJUDICE Banks’ petition. Moreover, the Court certifies that an appeal from this decision could not be taken in good faith and that no basis exists upon which to issue a certificate of appealability under 28 U.S.C. § 1915(a)(3).7/ IT IS SO ORDERED. s/ James S. Gwin JAMES S. GWIN UNITED STATES DISTRICT JUDGE Dated: November 23, 2015 7/ 28 U.S.C. § 2253(c); Fed. R. App. P. 22(b). -2-
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