IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION

Benjamen Hill, Case No. 3:19 CV 1196

Petitioner, ORDER ADOPTING REPORT AND RECOMMENDATION -vs- JUDGE JACK ZOUHARY Warden Wanza Jackson,

Respondent.

Petitioner pro se Benjamen Hill seeks a Writ of Habeas Corpus under

(Doc. 4). In 2017, Hill pled guilty to assaulting a police officer and attempted robbery in the Henry County, Ohio Court of Common Pleas (Doc. 21 at 2). He was sentenced to community control (id.). After Hill violated the terms of his release -- multiple times -- the trial court sentenced him to two consecutive 18-month terms of incarceration, as outlined by the original terms of his plea agreement (id.). After unsuccessful state-court appeals, Hill filed his Petition before this Court (id. at 6–12), which was automatically referred to Magistrate Judge Thomas Parker under Local Civil Rule 72.2(b)(2) (Non-Doc. Entry 5/24/2019). Respondent filed a Return of Writ (Doc. 13); Hill filed a Traverse (Doc. 15). Judge Parker then issued a Report and Recommendation (“R&R”), concluding the Petition should be dismissed (Doc. 21 at 1–2). This Court adopts it in its entirety. See Hill v. Duriron Co.,

(6th Cir. 1981). Although this Court reviews de novo any portions of an R&R to which a party timely objects under

(b)(1), failure to timely object waives district and appellate court review of the R&R. See Miller v. Currie,

(6th Cir. 1995); United States v. Walters,

(6th Cir. 1981). The R&R notified the parties that failure to object would result in waiver (Doc. 21 at 34). See Walters,

. Neither party has objected,

and the deadline for objections has passed. This Court therefore adopts the R&R (Doc. 21) in its entirety. The Petition (Doc. 4) is dismissed. There is no basis upon which to issue a certificate of appealability. See

(c)(2). Further, an appeal from this Order could not be taken in good faith. See

(a)(3). IT IS SO ORDERED. s/ Jack Zouhary JACK ZOUHARY U. S. DISTRICT JUDGE

November 19, 2020

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