UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION ALTON O. CARTER, ) CASE NO. 1:18 CV 1181 ) Plaintiff, ) JUDGE DAN AARON POLSTER ) vs. ) OPINION AND ORDER ) WARDEN SHELBIE SMITH, ) ) Defendant. ) Before the Court is the Report and Recommendation (“R&R”) of Magistrate Judge Jonathan D. Greenberg. Doc #: 15. The Magistrate Judge recommends that the Court dismiss in part and deny in part the habeas petition filed by Petitioner Alton O. Carter under

. Doc #: 1. In May 2016, a jury convicted Carter of misdemeanor assault and kidnapping of a former girlfriend. The trial court sentenced Carter to six years on the kidnapping conviction, to be served concurrently to a six-month sentence on the assault conviction, and Carter was labelled a Tier II sex offender. Carter now challenges his kidnapping conviction based on insufficient evidence, and he asserts ineffective assistance of trial counsel. Under the relevant statute: Within fourteen days after being served with a copy [of a magistrate judge’s R&R], 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.

(b)(1) (emphasis added). In this case, the R&R was issued on March 16, 2020 and it is now May 1, 2020. Forty- six days have elapsed since the R&R was issued, and Petitioner has neither filed objections nor a request for an extension of time to file them. The failure to timely file written objections to an R&R constitutes a waiver of a de novo review by the district court of any issues covered in the

R&R. Thomas v. Arn,

(6th Cir. 1984); United States v. Walters,

(6th Cir. 1981). Despite the lack of objections, the Court has reviewed Magistrate Judge Greenberg’s thorough, well-written 34-page R&R, and agrees with the Magistrate Judge’s findings and recommended rulings. Therefore, the Court ADOPTS the R&R in its entirety, Doc #: 18, and denies in part and dismisses in part the § 2254 habeas petition, Doc #: 1. IT IS SO ORDERED.

/s/ Dan A. Polster May 1, 2020 Dan Aaron Polster United States District Judge

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