Porterfield v. McConahay

Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

ERIC LEE PORTERFIELD, ) CASE NO. 4:21-cv-2401 ) ) PETITIONER, ) JUDGE SARA LIOI ) vs. ) MEMORANDUM OPINION ) WARDEN TIM McCONAHAY, ) ) ) RESPONDENT. ) Before the Court is the report and recommendation of the Magistrate Judge 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. The failure to file written objections to a Magistrate Judge=s report and recommendation constitutes 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 report and recommendation and adopts the same. Accordingly, the Court denies the petition in its entirety, without prejudice, for the reasons set forth in the R&R. IT IS SO ORDERED. Dated: August 23, 2023 Be HONORABLE SARA LIOI CHIEF JUDGE UNITED STATES DISTRICT COURT