Bell v. Warden, Ross Correctional Institution

District Court, S.D. Ohio

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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