Heiney v. Attorney General for the State of Ohio

Opinion

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO WESTERN DIVISION

JACK PAUL HEINEY, ) Case No. 3:21 cv 0501 ) Petitioner, ) JUDGE DAN AARON POLSTER ) v. ) MAGISTRATE JUDGE ) KATHLEEN B. BURKE ATTORNEY GENERAL FOR THE STATE ) OF OHIO, ) ORDER ) Respondent. )

Before the Court is Interim Report and Recommendation of Magistrate Judge Kathleen B. Burke. (“R&R”) ECF Doc. 16. The R&R recommends that the Court deny Petitioner Heiney’s Amended Motion to Stay. ECF Doc. 13. The R&R was filed on May 21, 2021 and objections were due by June 4, 2021. To date, no objections to the R&R have been filed. 28 U.S.C. § 636(b)(1) provides: 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 the 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 recommendation to which objection is made.

The failure to timely file written objections to a magistrate’s R&R constitutes a waiver of the right to obtain a de novo review of the R&R in the district court. United States v. Walters, 638 F.2d 947, 949B50 (6th Cir. 1981); Thomas v. Arn, 474 U.S. 140, 149B50 (1985). The failure to file written objections also results in a waiver of the right to appeal. Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984), affd, 474 U.S. 140 (1985). Here, the time for objection has passed, and no objections have been filed. The Court has reviewed the magistrate’s R&R and agrees that Petitioner Heiney’s Amended Motion to Stay should be denied. Accordingly, the Court ADOPTS the R & R (ECF Doc. 16) in full and DENIES Petitioner Heiney’s Amended Motion to Stay. ECF Doc. 13.

IT IS SO ORDERED.

Dated: June 9, 2021 s/Dan Aaron Polster United States District Judge