Carnail v. Bradshaw

District Court, N.D. Ohio

Carnail v. Bradshaw

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO

: E’YEN CARNAIL, : CASE NO. 1:12-cv-01042 : Petitioner, : OPINION & ORDER : [Resolving Doc. 1] v. : : MARGARET BRADSHAW, : : Respondent. : :

JAMES S. GWIN, UNITED STATES DISTRICT COURT JUDGE:

Petitioner E’Yen Carnail seeks a writ of habeas corpus pursuant to

28 U.S.C. § 2254.1

Under Local Rule 72.2(b), this case was automatically referred to a Magistrate Judge for a Report and Recommendation.2 On June 8, 2021, Magistrate Judge William H. Baughman, Jr. issued a Report and Recommendation, recommending that this Court dismiss Carnail’s habeas petition.3 Any objections to the Report and Recommendation were due on June 22, 2021.4 Neither party filed objections. Because neither party objected, the Court could adopt the Report and Recommendation without review.5 Still, the Court reviewed the Report and Recommendation and agrees with Magistrate Judge Baughman that Carnail’s habeas claims are procedurally defaulted under Ohio’s doctrine.

1 Doc. 1. 2 Local Rule 72.2(b). 3 Doc. 54. 4

28 U.S.C. § 636

(b)(1); Local Rule 72.3(b). 5

28 U.S.C. § 636

(b)(1); ,

474 U.S. 140

, 149–53 (1985); Consequently, the Court ADOPTS Magistrate Judge Baughman’s Report and Recommendation and DISMISSES Carnail’s petition. Further, the Court DENIES Carnail a certificate of appealability.6

IT IS SO ORDERED.

Dated: June 29, 2021 JAMES S. GWIN UNITED STATES DISTRICT JUDGE

Reference

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