Patterson v. Eppinger

Opinion

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

Brandon C. Patterson, Case No. 3:21 CV 777

Plaintiff, ORDER ADOPTING -vs- REPORT AND RECOMMENDATION

Warden Lashann Eppinger, JUDGE JACK ZOUHARY

Defendant.

Petitioner Brandon Patterson seeks a Writ of Habeas Corpus under 28 U.S.C. § 2254 (Doc. 1). On July 18, 2023, Magistrate Judge James Grimes issued a Report and Recommendation (“R&R”) recommending this Court dismiss the Petition (Doc. 17 at 42). Although this Court reviews de novo any portions of an R&R to which a party timely objects under 28 U.S.C. § 636(b)(1), failure to timely object waives district and appellate court review of the R&R. See Miller v. Currie, 50 F.3d 373, 380 (6th Cir. 1995); United States v. Walters, 638 F.2d 947, 950 (6th Cir. 1981). The R&R notified Patterson that failure to object would result in waiver (Doc. 17 at 42). See Walters, 638 F.2d at 950. Patterson has not objected, and the deadline has passed. This Court therefore adopts the R&R (Doc. 17) in its entirety. The Petition (Doc. 1) is dismissed. There is no basis upon which to issue a certificate of appealability. See 28 U.S.C. § 2253(c)(2). Further, an appeal from this Order could not be taken in good faith. See 28 U.S.C. § 1915(a)(3). IT IS SO ORDERED. s/ Jack Zouhary JACK ZOUHARY U. S. DISTRICT JUDGE

August 18, 2023