Cargill v. Warden Healy

Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

TAMMECO A. CARGILL, ) CASE NO. 4:23-cv-01755 ) Petitioner, ) JUDGE CHARLES ESQUE FLEMING ) vs. ) MAGISTRATE JUDGE ) CARMEN E. HENDERSON WARDEN HEALY, ) ) OPINION AND ORDER ADOPTING Respondent. ) MAGISTRATE’S REPORT AND ) RECOMMENDATION

On September 8, 2023, Petitioner Tammeco Cargill (“Petitioner”) filed a Petition for Writ of Habeas Corpus (“Petition”), pursuant to 28 U.S.C. § 2241. (ECF No. 1). On December 4, 2023, Respondent Warden Healy (“Respondent”) filed a Motion to Dismiss the Petition. (ECF No. 8). On March 1, 2024, Magistrate Judge Carmen E. Henderson filed a Report and Recommendation (“R&R”) recommending that the Court grant Respondent’s Motion and dismiss the Petition. (ECF No. 12). Fed. R. Civ. P. 72(b)(2) provides that the parties may object to a Magistrate Judge’s R&R within 14 days after service. The R&R also gave the parties notice of the 14-day time limit for filing objections. (ECF No. 12, PageID #118). This Court gave Petitioner significantly longer— over 45 days—to object to the R&R. As of the date of this Order, no objections have been filed. Under the Federal Magistrates Act, a district court must conduct a de novo review of those portions of the R&R to which the parties have objected. 28 U.S.C. § 636(b)(1)(C); Fed. R. Civ. P. 72(b)(3). Absent objection, a district court may adopt a R&R without further review. See Peretz v. United States, 501 U.S. 923, 939 (1991); Thomas v. Arn, 474 U.S. 140, 141-42 (1985). There being no objections, the Court ADOPTS Magistrate Judge Henderson’s R&R, incorporates it fully herein by reference, GRANTS Respondent’s Motion to Dismiss, and DISMISSES the Petition. The Court also CERTIFIES, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision cannot be taken in good faith, and that there is no basis upon which to issue a certificate of appealability. Fed. R. App. P. 22(b); 28 U.S.C. § 2253(c). IT IS SO ORDERED. Date: April 18, 2024 ‘ad, Hinvvg CHARLES ESQUE FLEMING UNITED STATES DISTRICT JUDGE