Wallace v. Warden, Warren Correctional Institution

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

PIANTE WALLACE,

Petitioner, Case No. 1:19-cv-429 v. JUDGE DOUGLAS R. COLE Magistrate Judge Merz WARDEN, WARREN CORRECTIONAL INSTITUTION,

Respondent.

ORDER This cause comes before the Court on the Magistrate Judge’s August 17, 2020, Report and Recommendation (“R&R”) (Doc. 11). The Magistrate Judge recommends that the Court DISMISS Wallace’s Petition for a Writ of Habeas Corpus (Doc. 1) WITH PREJUDICE. The R&R advised both parties that a failure to object within the 14 days specified by the R&R may result in forfeiture of rights on appeal, which includes the right to District Court review. (See Doc. 11, #286). See also Thomas v. Arn, 474 U.S. 140, 152 (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 (6th Cir. 2019) (noting “fail[ure] to file an objection to the magistrate judge’s R & R … is forfeiture, not waiver”) (emphasis in 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 Recommendation and DISMISSES Wallace’s Petition (Doc. 1) WITH PREJUDICE. As reasonable jurists could not disagree with this conclusion, Wallace is denied a certificate of appealability and the Court certifies to the Sixth Circuit that any appeal would be objectively frivolous. SO ORDERED.

September 16, 2020 DATE DOUGLAS R. COLE UNITED STATES DISTRICT JUDGE