Simmons v. Warden, London Correctional Institution

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION LAMAR SIMMONS, Petitioner, Case No. 1:16-CV-00414 v. JUDGE DOUGLAS R. COLE Magistrate Judge Michael R. Merz WARDEN, LONDON CORR. INST., Respondent. ORDER This cause comes before the Court on the Magistrate Judge’s December 31, 2019 Report and Recommendations (“R&R”) (ECF No. 37) recommending this Court dismiss the Petition for Writ of Habeas Corpus (“Petition”) (ECF No. 1) with prejudice. The R&R advised Petitioner that a failure to object within the 17 days specified by the R&R may result in forfeiture of rights on appeal, which includes the right to District Court review. (See ECF No. 37, PageID 2036). See also Thomas vy. Arn, 474 U.S. 140, 149-53 (1985) (“There is no indication that Congress, in enacting § 636(b)(1)(C), intended to require a district judge to review a magistrate’s report to which no objections are filed.”); Berkshire v. Beauvais, 928 F.3d 520, 530-31 (6th Cir. 2019) (noting “fail[ure] to file an objection to the magistrate judge’s R & R ... is forfeiture, not waiver’) (emphasis original); 28 U.S.C. § 636(b)(1)(C). The time for filing objections has passed and none have been filed. Therefore, the Court ADOPTS the Report and Recommendations, DISMISSES the Petition with PREJUDICE, and DIRECTS the Clerk to enter judgment accordingly. SO ORDERED.

January 30, 2020 DATE DOUGLAS R. COLE UNITED STATES DISTRICT JUDGE