McColor v. Sloan

District Court, N.D. Ohio

McColor v. Sloan

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION G.Shannon J.R. McColor, Case No. 4:18CV168 Petitioner v. ORDER Warden Brigham Sloan, Respondent

This is a state prisoner’s habeas corpus case under

28 U.S.C. § 2254

. Pending is Magistrate Judge Burke’s Report and Recommendation, which recommends that I deny the petition principally because the petitioner procedurally defaulted his claims. (Doc. 8). The Magistrate Judge notified the parties that any objections to the R&R were due within fourteen days after the filing of her R&R, which occurred on August 28, 2019. Because the

petitioner did not file an objection, he forfeited his right to de novo review of the R&R. Smith v. Detroit Fed’n of Teachers Local 231,

829 F.2d 1370

, 1373 (6th Cir. 1987). I need only “satisfy [myself] that there is no clear error on the face of the record in order to accept the recommendation.” Bogan v. Morgan,

2012 WL 3776514

, *1 (N.D. Ohio 2012) (Gaughan, J.). Having reviewed the Magistrate Judge’s R&R, I am satisfied that it properly disposes of this case on procedural default grounds. It is, therefore, ORDERED THAT: 1. The Magistrate Judge’s Report and Recommendation (Doc. 8) be, and the same hereby is, adopted as the order of the court. 2. The petition for a writ of habeas corpus (Doc. 1) be, and the same hereby is, denied. 3. No certificate of appealability will issue.

So ordered. /s/ James G. Carr Sr. U.S. District Judge

Reference

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