Alford v. Foley

Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

JERRY D. ALFORD, ) CASE NO. 5:21-cv-2345 ) ) PETITIONER, ) CHIEF JUDGE SARA LIOI ) vs. ) ) WARDEN KEITH J. FOLEY, ) MEMORANDUM OPINION ) ) RESPONDENT. )

Before the Court is the Report and Recommendation of Magistrate Judge Amanda M. Knapp in the above-entitled action. Under the relevant statute: [. . .] Within 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. 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 fourteen-day period has elapsed and no objections have been filed by petitioner Jerry D. Alford. The failure to file written objections to a Magistrate Judge’s Report and Recommendation constitutes a forfeiture of a de novo determination by the district court of an issue covered in the report. Berkshire v. Dahl, 928 F.3d 520, 530 (6th Cir. 2019). The Court has reviewed the Magistrate Judge’s R&R and agrees with its recommendation. The Report and Recommendation is hereby ADOPTED and Petitioner's Writ of Habeas Corpus (Docket No. 1) is DENIED. 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: September 17, 2024 oh we, HONORABLE SARA LIOI CHIEF JUDGE UNITED STATES DISTRICT COURT