Jeffries v. Bracy

• Court: District Court, N.D. Ohio
• Decided: June 28, 2024
• Docket: 1:22-cv-00047
• Status: Unknown

Opinion

PEARSON, J.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

CEDRIC JEFFRIES, ) ) CASE NO. 1:22-CV-0047 Petitioner, ) ) v. ) JUDGE BENITA Y. PEARSON ) WARDEN CHARMAIN BRACY, ) ) MEMORANDUM OF OPINION AND ) ORDER Respondent. ) [Regarding ECF No. 1] )

On June 6, 2024, the assigned magistrate judge issued a Report and Recommendation denying Petitioner’s request for habeas relief pursuant to 28 U.S.C. § 2254. The magistrate judge recommended the Court “deny any relief as to Ground One, deny in part and dismiss in part Ground Two, and deny a certificate of appealability as to both grounds.” ECF No. 6 at PageID #: 1501. Fed. R. Civ. P. 72(b)(2) provides that objections to a report and recommendation must be filed within 14 days after service. In the instant case, objections to the Report and Recommendation were due by June 24, 2024.1 Neither party has timely filed objections. Any further review by the 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.

1 Under Fed. R. Civ. P. 6(d), three (3) days must be added to the 14-day time period because Petitioner was served a copy of the Report by mail. See Thompson v. Chandler, 36 Fed. Appx. 783, 784 (6th Cir. 2002). The Court has accounted for those three days, as well as additional time for any mailed objection to reach the Court, before issuing this Order. Secretary of Health and Human Services, 932 F.2d 505 (6th Cir. 1991); United States v. Walters, 638 F.2d 947, 949–50 (6th Cir. 1981). Accordingly, the Report and Recommendation of the magistrate judge is hereby adopted. Cedric Jeffries’ Petition for a Writ of Habeas Corpus is denied in part and dismissed in part.

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.

June 28, 2024 /s/ Benita Y. Pearson Date Benita Y. Pearson United States District Judge