Bell v. Warden, Ross Correctional Institution
Bell v. Warden, Ross Correctional Institution
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION
WILLIE BELL,
Petitioner, Case No. 1:19-cv-37 v. JUDGE DOUGLAS R. COLE Magistrate Judge Litkovitz WARDEN, LONDON CORRECTIONAL INSTITUTION,
Respondent. ORDER This cause comes before the Court on the Magistrate Judge’s January 13, 2020, Report and Recommendation (“R&R”) (Doc. 12) recommending this Court dismiss the Petition for a Writ of Habeas Corpus Pursuant to
28 U.S.C. § 2254(“Petition”) (Doc. 1) with prejudice. The R&R advised Petitioner that a failure to object within the 14 days specified by the R&R may result in forfeiture of rights on appeal, which includes the right to District Court review. (See Doc. 12, #187). See also Thomas v. Arn,
474 U.S. 140, 149–53 (1985) (“There is no indication that Congress, in enacting § 636(b)(1)(C), intended to require a district judge to review a magistrate’s report to which no objections are filed.”); Berkshire v. Beauvais,
928 F.3d 520, 530–31 (6th Cir. 2019) (noting “fail[ure] to file an objection to the magistrate judge’s R&R … is forfei- ture, not waiver”) (emphasis original);
28 U.S.C. § 636(b)(1)(C). The time for filing objections has passed and none have been filed. Therefore, the Court ADOPTS the Report and Recommendations, DIS- MISSES the Petition with PREJUDICE, and DIRECTS the Clerk to enter judg- ment accordingly.
SO ORDERED. February 13, 2020 DATE DOUGLAS R. COLE UNITED STATES DISTRICT JUDGE
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