Kolvek v. Eppinger

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO : ROBERT M. KOLVEK, : CASE NO. 5:19-cv-00107 : Petitioner, : OPINION & ORDER : [Resolving Doc. 1] v. : : WARDEN LASHANN EPPINGER, : : Defendant. : : JAMES S. GWIN, UNITED STATES DISTRICT COURT JUDGE: Petitioner Robert M. Kolvek 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 September 4, 2020 Magistrate Judge Jonathan D.

Greenberg issued a Report and Recommendation, recommending this Court dismiss in part and deny in part Kolvek’s habeas petition.2 The parties had until September 18, 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 Greenberg’s determinations. The Court agrees that Petitioner’s first and fourth assignments of error are procedurally defaulted.

1 Local Rule 72.2(b) Doc. 13.

3 28 U.S.C. § 636(b)(1); Local Rule 72.3(b). On September 18, 2020, Petitioner moved for additional time to file objections. Doc. 14. The Court did not grant Petitioner’s motion.

4 28 U.S.C. § 636(b)(1); , 474 U.S. 140, 149–53 (1985); , Moreover, the Court agrees that Petitioner’s ineffective assistance of counsel claims, assignments of error five through seven, fail on the merits.

Accordingly, the Court ADOPTS Magistrate Judge Greenberg’s Report and Recommendation, and DISMISSES in part and DENIES in part Kolvek’s habeas petition.

IT IS SO ORDERED.

Dated: June 1, 2021 JAMES S. GWIN UNITED STATES DISTRICT JUDGE