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District Court, N.D. Ohio, 2021

Moore v. Eppinger

Moore v. Eppinger
District Court, N.D. Ohio · Decided April 16, 2021
Moore v. Eppinger

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO

:

ROBERT MOORE, III, : CASE NO. 1:18-cv-01837

:

Petitioner, : OPINION & ORDER

: [Resolving Doc. 1]

v. :

:

WARDEN LAUSHAUNN :

EPPINGER, :

:

Respondent. :

JAMES S. GWIN, UNITED STATES DISTRICT COURT JUDGE:

Petitioner Robert Moore, III seeks a writ of habeas corpus under 28 U.S.C. § 2254. Under Local Rule 72.2(b), this case was automatically referred to a Magistrate Judge for a Report and Recommendation.1 On January 13, 2020 Magistrate Judge Thomas M. Parker issued a Report and Recommendation, recommending this Court deny Moore’s habeas petition.2 The parties had until January 27, 2020 to object to the Report and Recommendation.3 Neither party objected.

Because neither party objected, the Court could adopt the Report and Recommendation without review.4 Still, the Court reviewed the Report and Recommendation and agrees with Magistrate Judge Parker that Moore’s habeas petition is timed-barred under 28 U.S.C. 2244(d)(1).

1 Local Rule 72.2(b). 2 Doc. 14. 3 28 U.S.C. § 636(b)(1); Local Rule 72.3(b). 4 28 U.S.C. § 636(b)(1); , 474 U.S. 140, 149–53 (1985); Consequently, the Court ADOPTS Magistrate Judge Parker’s Report and Recommendation and DENIES Moore’s habeas petition as time-barred.

IT IS SO ORDERED.

Dated: April 16, 2021

JAMES S. GWIN

UNITED STATES DISTRICT JUDGE

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