Bernard v. Sheldon

District Court, N.D. Ohio

Bernard v. Sheldon

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

JAMES J. BERNARD, ) CASE NO. 3:21-cv-1656 ) PETITIONER, ) JUDGE SARA LIOI ) VS. ) MEMORANDUM OPINION ) ED SHELDON, WARDEN, ) ) RESPONDENT. )

Before the Court is the report and recommendation of the Magistrate Judge in the above-entitled action. Under the relevant statute: [.. .] Within fourteen days after being served with a copy, any party may serve and file written objections to such proposed findings and recommendations as provided by rules of court. A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.

28 U.S.C. § 636

(b)(1)(C). In this case, the fourteen-day period has elapsed and no objections have been filed. The failure to file written objections to a Magistrate Judge’s report and recommendation constitutes a waiver of a de novo determination by the district court of an issue covered in the report. Thomas vy. Arn,

728 F.2d 813

(6th Cir. 1984), aff'd,

474 U.S. 140

(1985); see United States v. Walters,

638 F.2d 947

(6th Cir. 1981). The Court has reviewed the Magistrate Judge’s report and recommendation and adopts the same. Accordingly, the petition for a writ of habeas corpus is DENIED IT IS SO ORDERED. Dated: February 10, 2023 be we HONORABLE SARA LIOI UNITED STATES DISTRICT JUDGE

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