Berhe Abraha v. Whitaker
Berhe Abraha v. Whitaker
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION
DANIEL BERHE ABRAHA, ) CASE NO. 1:19-CV-44 ) ) PETITIONER, ) JUDGE SARA LIOI ) vs. ) ) MEMORANDUM OPINION ) AND ORDER MATT WHITAKER, ) ) ) RESPONDENT. )
Before the Court is the report and recommendation of the Magistrate Judge in the above-entitled action. (Doc. No. 10.) 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 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 report and recommendation and adopts the same. Accordingly, the motion of respondent Matt Whitaker to dismiss the habeas application of petitioner Daniel Berhe Abraha is GRANTED. This case is DISMISSED. IT IS SO ORDERED.
Dated: January 23, 2020 iss we HONORABLE S LIOI UNITED STATES DISTRICT JUDGE
Reference
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