Banks v. Bunting, No. 3:2014cv01945 - Document 12 (N.D. Ohio 2015)

Court Description: Opinion and Order Adopting Interim Report and Recommendation of the Magistrate Judge and denying petitioner's motion to dismiss his petition without prejudice signed by Judge James S. Gwin on 6/15/15. (Related Docs. 8 , 11 ) (M,G)
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Banks v. Bunting Doc. 12 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO ------------------------------------------------------: GEOFFREY M. BANKS, : : Petitioner, : : v. : : JASON BUNTING, Warden, : : : Respondent. : ------------------------------------------------------- CASE NO. 1:14-CV-01945 OPINION & ORDER [Resolving Doc. 8] JAMES S. GWIN, UNITED STATES DISTRICT JUDGE: Petitioner Geoffrey Banks moves to dismiss, without prejudice, his Petition for Writ of Habeas Corpus under 28 U.S.C. § 2254.1/ On May 18, 2015, Magistrate Judge Kathleen B. Burke issued an Interim Report and Recommendation (R&R) recommending that the Court deny Banks’ motion.1/ Banks has not filed an objection to the R&R. The Federal Magistrates Act requires a district court to conduct a de novo review only of those portions of an R&R to which the parties have made an objection.2/ Parties must file any objections to an R&R within fourteen days of service.3/ Failure to object within that time waives a party’s right to appeal the Magistrate Judge’s recommendation.4/ Absent objection, a district court 1/ Doc. 8. 1/ Doc. 11. 2/ 28 U.S.C. § 636(b)(1). 3/ N.D. Ohio L.R. 72.3(b). 4/ Id.; see Thomas v. Arn, 474 U.S. 140, 145 (1985); United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981). Dockets.Justia.com Case No. 1:14-CV-01945 Gwin, J. may adopt the Magistrate Judge’s report without review.5/ Accordingly, the Court ADOPTS Magistrate Judge Burke’s findings of fact and conclusions of law and incorporates them fully herein by reference. The Court DENIES Banks’ motion to dismiss his petition without prejudice. IT IS SO ORDERED. s/ James S. Gwin JAMES S. GWIN UNITED STATES DISTRICT JUDGE Dated: June 15, 2015 5/ Thomas, 474 U.S. at 149. -2-