Wilson v. Wainwright

District Court, N.D. Ohio

Wilson v. Wainwright

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION

Jessie Wilson, Case No. 1:19 CV 1494

Petitioner, ORDER ADOPTING REPORT AND RECOMMENDATION -vs- JUDGE JACK ZOUHARY Warden Lyneal Wainwright,

Respondent.

Petitioner Jessie Wilson was convicted in state court for possession of heroin and cocaine, and he was sentenced to eight years imprisonment. Wilson seeks a writ of habeas corpus under

28 U.S.C. § 2254

(Doc. 1). After voluntarily dismissing one unexhausted ground for relief (Docs. 7– 10), Wilson has one ground remaining. On March 2, 2022, Magistrate Judge Carmen Henderson issued a Report and Recommendation (“R&R”) recommending this Court dismiss the remainder of the Petition (Doc. 13). This Court granted a request for an extension of time until April 18, 2022 for Wilson to file an objection (Doc. 16). 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 Wilson that failure to object would result in waiver (Doc. 13 at 16). See Walters,

638 F.2d at 950

. Wilson has not objected, and the extended deadline for objections has passed. This Court therefore adopts the R&R (Doc. 13) 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

April 27, 2022

Reference

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