Banks v. Bunting, No. 3:2014cv01945 - Document 22 (N.D. Ohio 2015)
Court Description: Opinion and Order signed by Judge James S. Gwin on 12/18/15 adopting the Report and Recommendation of the Magistrate Judge. The Court denies the petitioner's motion for stay and abeyance and dismisses with prejudice the petition for writ of habeas corpus. The Court further certifies that an appeal from this decision could not be taken in good faith pursuant to 28 U.S.C. Section 1915(a)(3). (Related Docs. 1 , 14 , 21 ) (D,MA)
Download PDF
<![CDATA[
Banks v. Bunting Doc. 22 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO ------------------------------------------------------: GEOFFREY M. BANKS, : : Petitioner, : : v. : : JASON BUNTING, Warden, : : Respondent. : : ------------------------------------------------------- CASE NO. 3:14-CV-1945 OPINION & ORDER [Resolving Doc. Nos. 1, 14] JAMES S. GWIN, UNITED STATES DISTRICT JUDGE: Petitioner Geoffrey Banks seeks a writ of habeas corpus under 28 U.S.C. § 22541/ and moves for a stay and abeyance of the petition.2/ On November 4, 2015, Magistrate Judge Burke recommended that this Court dismiss the petition and deny the motion for stay and abeyance.3/ Neither party objected to Magistrate Judge Burke’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.4/ Parties must file any objections to a R&R within fourteen days of service.5/ Failure to object within that time waives a party’s right to have the Court review the R&R.6/ Absent objection, a district court may adopt the R&R without review.7/ 1/ Doc. 1. Respondent filed a return of writ. Doc. 5. Petitioner filed a traverse. Doc. 17. Respondent replied. Doc. 18. Petitioner replied. Doc. 20. 2/ Doc. 14. Respondent filed an opposition. Doc. 16. Petitioner replied. Doc. 19. 3/ Doc. 21. 4/ 28 U.S.C. § 636(b)(1)(C). 5/ Fed. R. Civ. P. 72(b)(2); LR 72.3(b). 6/ 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). 7/ See Thomas, 474 U.S. at 149. -1- Dockets.Justia.com Case No. 3:14-CV-1945 Gwin, J. In this case, neither party has objected to the R&R. Moreover, having conducted its own review of the record in this case, this Court agrees with the conclusions of Magistrate Judge Burke. Accordingly, the Court ADOPTS in whole Magistrate Judge Burke’s Report and Recommendation and incorporates it fully herein by reference. The Court DISMISSES WITH PREJUDICE Banks’ petition and DENIES his motion for stay and abeyance. 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).8/ IT IS SO ORDERED. s/ James S. Gwin JAMES S. GWIN UNITED STATES DISTRICT JUDGE Dated: December 18, 2015 8/ 28 U.S.C. § 2253(c); Fed. R. App. P. 22(b). -2-
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
