Mathis v. Wilson, No. 5:2007cv02356 - Document 10 (N.D. Ohio 2008)

Court Description: Opinion and Order denying Petitioner's Petition for Habeas Corpus, Related document 9 Report and Recommendation. Judge Christopher A. Boyko on 07/25/08. (M,M)

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Mathis v. Wilson Doc. 10 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO Lance Mathis Petitioner, -vsJulius Wilson, Respondent. ) ) ) ) ) ) ) ) ) ) Case No. 5:07cv2356 ORDER Judge Christopher A. Boyko On 8/2/2007, Petitioner filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (Dkt. # 1 ). The case was referred to Magistrate Judge Gregory White pursuant to Local Rule 72.2 (Dkt. # 3 ). On 7/7/2008 , the Magistrate Judge recommended that Petitioner s application for habeas corpus be dismissed (Dkt. # 9). FED. R. CIV.P. 72(b) provides that objections to a Report and Recommendation must be filed within ten (10) days after service, but Petitioner has failed to timely file any such objections. Therefore, the Court must assume that Petitioner is satisfied with the Magistrate Judge s recommendation. Any further review by this Court would be a duplicative and inefficient use of the Court s limited resources. Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984), aff d, 474 U.S. 140 (1985); Howard v. Secretary of Health and Human Services, 932 F.2d 505 (6th Cir. 1991); United States v. Walters, 638 F.2d 947 (6th Cir.1981). Therefore, Magistrate Judge White s Report and Recommendation is ADOPTED and Petitioner s Writ of Habeas Corpus (Dkt. # 1 ) is DENIED. Dockets.Justia.com Furthermore, the court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could not be taken in good faith, and that there is no basis upon which to issue a certificate of appealability. 28 U.S.C. §2253(c); Fed. R. App. P. 22(b). IT IS SO ORDERED. Dated: 7/25/2008 S/Christopher A. Boyko CHRISTOPHER A. BOYKO UNITED STATES DISTRICT JUDGE

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