Allen v. Haviland

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF OHIO

WESTERN DIVISION

Terenzo D. Allen, Case No. 3:18 CV 2839

Petitioner, ORDER ADOPTING

REPORT AND RECOMMENDATION -vs-

JUDGE JACK ZOUHARY

Warden James Haviland,

Respondent.

Petitioner Terenzo Allen seeks a Writ of Habeas Corpus under 28 U.S.C. § 2254 (Doc. 1). On October 22, 2021, Magistrate Judge Carmen Henderson issued a Report and Recommendation (“R&R”) recommending this Court dismiss the Petition (Doc. 11 at 43).

Although this Court reviews de novo any portions of an R&R to which a party timely objects under 28 U.S.C. § 636(b)(1), failure to timely object waives district and appellate court review of the R&R. See Miller v. Currie, 50 F.3d 373, 380 (6th Cir. 1995); United States v. Walters, 638 F.2d 947, 950 (6th Cir. 1981). The R&R notified Allen that failure to object would result in waiver (Doc. 11 at 43). See Walters, 638 F.2d at 950. Allen has not objected, and the deadline for objections has passed. This Court therefore adopts the R&R (Doc. 11) in its entirety. The Petition (Doc. 1) is dismissed. There is no basis upon which to issue a certificate of appealability. See 28 U.S.C. § 2253(c)(2). Further, an appeal from this Order could not be taken in good faith. See 28 U.S.C. § 1915(a)(3).

IT IS SO ORDERED. s/ Jack Zouhary

JACK ZOUHARY

U. S. DISTRICT JUDGE

November 30, 2021