Zimmer v. Turner
Zimmer v. Turner
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION LEO A. ZIMMER, ) CASE NO. 1:19-cv-1412 ) Petitioner, ) JUDGE DAN AARON POLSTER ) vs. ) MEMORANDUM OF OPINION ) AND ORDER NEIL TURNER, Warden, ) ) Respondent. ) Before the Court is the Report and Recommendation of Magistrate Judge Kathleen B. Burke (“R&R”) (Doc #. 13), which recommends that Petitioner’s
28 U.S.C. § 2254petition for writ of habeas corpus (Doc. # 1) be denied. 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) (emphasis added). A copy of the R&R was mailed to Petitioner on May 15, 2020. It is now June 15, 2020, and Petitioner has yet to file any written objection to the R&R. The failure to timely file written objections to a Magistrate Judge’s R&R constitutes a waiver of the right to obtain a de novo review of the R&R in the district court. Id.; United States v. Walters,
638 F.2d 947, 949(6th Cir. 1981). The failure to file written objections also results in a waiver of the right to appeal. Thomas v. Arn,
728 F.2d 813(6th Cir. 1984), aff’d,
474 U.S. 140(1985). The Court has reviewed the Magistrate Judge’s thorough and well-written R&R. The Court agrees with the Magistrate Judge that Petitioner’s claims are barred by the one-year statute of limitations.
28 U.S.C. § 2244(d)(1). Accordingly, the Court ADOPTS the Magistrate Judge’s R&R (Doc. # 13) and DENIES the petition for writ of habeas corpus (Doc. # 1). IT IS SO ORDERED. /s/ Dan Aaron Polster June 15, 2020 Dan Aaron Polster United States District Judge
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Reference
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