Barrett v. Eppinger

District Court, N.D. Ohio

Barrett v. Eppinger

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION

Jonathan Barrett, Case No. 1:19-cv-1472

Petitioner

v. MEMORANDUM OPINION AND ORDER

Warden Keith J. Foley,

Respondent

Before me is the Report and Recommendation (“R & R”) of Magistrate Judge William H. Baughman, Jr. filed on March 29, 2021. (Doc. No. 6). Under the relevant statute: Within [fourteen (14)] days after being served a copy of these proposed Findings and Recommendation, any party who wishes to object must file and serve written objections or further appeal is waived.

United States v. Campbell,

261 F.3d 628, 631-32

(6th Cir. 2001) (citation omitted); see also

28 U.S.C. § 636

(b)(1) (effective Dec. 1, 2009); Fed. R. Civ. P. 72(b)(2). In this case, the fourteen-day window for objections has elapsed, and no objections have been filed. Following review of Judge Baughman’s R & R, I adopt it in its entirety as the Order of the Court. Because Petitioner’s § 2254 habeas petition is untimely and cannot be saved by either statutory or equitable tolling, Respondent’s motion to dismiss is granted. (Doc. No. 5). So Ordered. s/ Jeffrey J. Helmick United States District Judge

Reference

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