UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

SCOTT A. MCKINNON, ) CASE NO. 4:21-CV-1878 ) Petitioner, ) JUDGE CHARLES E. FLEMING ) vs. ) MAGISTRATE JUDGE ) THOMAS M. PARKER KEITH FOLEY, WARDEN, ) ) OPINION AND ORDER ADOPTING Respondent. ) MAGISTRATE’S REPORT AND ) RECOMMENDATION

On September 30, 2021, Petitioner Scott A. McKinnon (“Petitioner”) filed a Petition for a Writ of Habeas Corpus (“Petition”), pursuant to

. (ECF No. 1). On February 23, 2022, Petitioner filed a motion to dismiss. (ECF No. 9). On September 12, 2022, Magistrate Judge Thomas M. Parker submitted a Report and Recommendation (‘R&R”), recommending that the Court grant Petitioner’s motion and dismiss the Petition without prejudice. (ECF No. 12). Fed. R. Civ. P. 72(b)(2) provides that the parties may object to an R&R within fourteen (14) days after service. The R&R gave the parties notice of the 14-day time limit for filing objections. (ECF No. 12, PageID 662). On September 12, 2022, a copy of the R&R was mailed to Petitioner at Grafton Correctional Institution. As a result, any objections by the parties were due by September 26, 2022. As of September 29, 2022, neither party filed any objections. Under the Federal Magistrates Act, a district court must conduct a de novo review of the portions of the R&R to which the parties objected.

(b)(1)(C); Fed. R. Civ. P. 72(b)(3). Absent objection, a district court may adopt an R&R without further review. See Peretz v. US,

(1991); Thomas v. Arn,

, 141–42, 149–50 (1985). Accordingly, the Court ADOPTS Magistrate Judge Parker’s Report and Recommendation, incorporates it fully herein by reference, GRANTS Petitioner’s motion to dismiss (ECF No. 9), and DISMISSES the petition for a writ of habeas corpus without prejudice. The Court also finds that there is no basis upon which to issue, and will not issue, a certificate of appealability. Fed. R. App. P. 22(b);

(c). IT IS SO ORDERED. Date: September 29, 2022 “ad 4 . fhmung CHARLES E.FLEMING —— UNITED STATES DISTRICT JUDGE