Sanford Doss v. Warden Keith Foley
This text of Sanford Doss v. Warden Keith Foley (Sanford Doss v. Warden Keith Foley) is published on Counsel Stack Legal Research, covering District Court, N.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION
SANFORD DOSS, ) CASE NO. 1:23-cv-504 ) ) CHIEF JUDGE SARA LIOI PETITIONER, ) ) vs. ) ) ) MEMORANDUM OPINION WARDEN KEITH FOLEY, ) ) ) RESPONDENT. )
Before the Court is the report and recommendation (“R&R”) of Magistrate Judge Amanda M. Knapp in the above-entitled action. (Doc. No. 15.) 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 by petitioner Sanford Doss. The failure to file written objections to a Magistrate Judge=s report and recommendation constitutes a waiver of a de novo determination by the district court of an issue covered in the report. Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984), affd, 474 U.S. 140 (1985); see United States v. Walters, 638 F.2d 947 (6th Cir. 1981). The Court has reviewed the Magistrate Judge=s R&R and agrees with its recommendation to dismiss Ground One as non-cognizable on federal habeas review, and dismiss Grounds Two, Three and Four as procedurally defaulted. (See Doc. No. 15, at 2.) The R&R is hereby ADOPTED and petitioner’s Writ of Habeas Corpus (Doc. No. 1) is DENIED in its entirety. Furthermore, the Court CERTIFIES 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. Dated: October 29, 2025 bi oe HONORABLE SARA LIOI CHIEF JUDGE UNITED STATES DISTRICT COURT
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