McColor v. Sloan
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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