Franklin v. Marquis, No. 5:2017cv02002 - Document 16 (N.D. Ohio 2021)
Court Description: Memorandum Opinion and Order: I adopt the Report and Recommendation, (Doc. No. 15), in its entirety as the Order of the Court, and dismiss Franklin's petition. Further, I certify there is no basis on which to issue a certificate of appealability. 28 U.S.C. § 2253; Fed. R. App. P. 22(b). re 15 . Judge Jeffrey J. Helmick on 3/8/2021. (S,AL)
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Franklin v. Marquis Doc. 16 Case: 5:17-cv-02002-JJH Doc #: 16 Filed: 03/08/21 1 of 2. PageID #: 1040 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION Quentin Franklin, Case No. 5:17-cv-2002 Petitioner, v. ORDER Dave Marquis, Warden,1 Respondent. Before me is the October 31, 2019 Report and Recommendation of Magistrate Judge Thomas M. Parker, (Doc. No. 15), recommending I deny pro se Petitioner Quentin Franklin’s petition for a writ of habeas corpus under 28 U.S.C. § 2254 because Franklin’s claims lack merit, are not cognizable in habeas proceedings, or have been procedurally defaulted. Under the relevant statute, “[w]ithin fourteen 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.” 28 U.S.C. § 636(b)(1); United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981). The fourteen-day period has elapsed and no objections have been filed. The failure to file written objections to the Magistrate Judge’s Report and Recommendation constitutes a waiver of a determination by the district court of an issue covered in the report. Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984), aff’d, 474 U.S. 140 (1985); see also Walters, 638 F.2d at 950; Smith v. Detroit Fed’n of Teachers, Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987) (“[O]nly those 1 Warden Marquis notes Franklin had been released from the Ohio Department of Rehabilitation and Correction and the proper defendant is the Ohio Adult Parole Authority. Dockets.Justia.com Case: 5:17-cv-02002-JJH Doc #: 16 Filed: 03/08/21 2 of 2. PageID #: 1041 specific objections to the magistrate’s report made to the district court will be preserved for appellate review”). Following my review of the Magistrate Judge’s Report and Recommendation, I adopt the Report and Recommendation, (Doc. No. 15), in its entirety as the Order of the Court and dismiss Franklin’s petition. Further, I certify there is no basis on which to issue a certificate of appealability. 28 U.S.C. § 2253; Fed. R. App. P. 22(b). So Ordered. s/ Jeffrey J. Helmick United States District Judge 2
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