Adams v. Eppinger

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO ----------------------------------------------------------- : BENNIE ADAMS, : : CASE NO. 4:21-cv-00158 : Petitioner, : : vs. : OPINION AND : ORDER [Resolving WARDEN LASHANN EPPINGER, : Doc. 4] : : Respondent. : : ------------------------------------------------------------ JAMES S. GWIN, UNITED STATES DISTRICT JUDGE: On January 20, 2021, Plaintiff Bennie Adams filed a petition for Writ of Habeas Corpus. Adams filed an application.4 The Court referred the matter to Magistrate Judge Jonathan D. Greenberg.

On January 27, 2021, Magistrate Judge Greenberg issued a Report and Recommendation (“R&R”) finding that Adams could pay the necessary case filing fees, making relief inappropriate.5 Objections to the R&R were due by February 10, 2021. Plaintiff Adams filed no objections.

The Federal Magistrates Act requires a district court to conduct a review only of those portions of an R&R to which the parties have made an objection.5 Failure to timely Doc. 1. 2 Doc. 4. 3 Doc. 5. object waives a party’s right to appeal the magistrate’s report.6 Where a party does not object to the R&R, a district court may adopt it without review.7 Further, this Court has examined Plaintiff Adams’ application and believes it should be denied.

Accordingly, in light of Plaintiff Adams’s decision not to object to the R&R in this case and his application’s lack of merit, the Court ADOPTS Magistrate Judge Greenberg’s R&R, incorporates it as if fully restated herein, and DENIES Plaintiff Adams’ application.

IT IS SO ORDERED.

Dated: September 8, 2021 JAMES S. GWIN UNITED STATES DISTRICT JUDGE

6 , 474 U.S. 140, 154 (1985); , 938 F.3d 821, 827 (6th Cir. 2019) 7 , 474 U.S. at 149–50 28 U.S.C. § 1915(a)(1).