Owens v. Andrews, No. 5:2007cv01764 - Document 12 (N.D. Ohio 2008)

Court Description: Memorandum Opinion and Order: The Court has reviewed the Magistrate Judge's report and recommendation and accepts the same (Related Doc # 11 ). Accordingly, the petition for writ of habeas corpus is dismissed. Judge Sara Lioi on 12/30/2008. (P,J)

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Owens v. Andrews Doc. 12 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION MICHELLE OWENS, Petitioner, v. PATRICIA ANDREWS, Respondent. ) ) ) ) ) ) ) ) ) CASE NO. 5:07CV1764 JUDGE SARA LIOI MEMORANDUM OPINION AND ORDER Before the Court is the report and recommendation of the Magistrate Judge in the above-entitled action. Under the relevant statute: 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. 28 U.S.C. ' 636(b)(1)(C). In this case, the ten-day period has elapsed and no objections have been filed. The failure to file written objections to a Magistrate Judge=s report and recommendation constitutes a waiver of a de novo determination by the district court of an issue covered in the report and an appeal of the district court’s order. Miller v. Currie, 50 F.3d 373, 380 (6th Cir. 1995); Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984), aff=d, 474 U.S. 140 (1985); United States v. Walters, 638 F.2d 947 (6th Cir. 1981); Fed. R. Civ. P. 72(b)(3). The Court has reviewed the Magistrate Judge=s report and recommendation and ACCEPTS the same. Accordingly, the petition for writ of habeas corpus is DISMISSED. IT IS SO ORDERED. Dated: December 30, 2008 HONORABLE SARA LIOI UNITED STATES DISTRICT JUDGE Dockets.Justia.com

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