Olmstead v. Phillips

District Court, N.D. Ohio

Olmstead v. Phillips

Trial Court Opinion

PEARSON, J.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

BRANDON S. OLMSTEAD, ) ) CASE NO. 1:20-CV-1603 Petitioner, ) ) v. ) JUDGE BENITA Y. PEARSON ) MICHAEL PHILLIPS, WARDEN, ) ) MEMORANDUM OF OPINION ) AND ORDER Respondent. ) [Regarding ECF No. 1]

On May 31, 2023, the assigned Magistrate Judge Jennifer Dowdell Armstrong issued a Report and Recommendation denying Petitioner’s request for habeas relief pursuant to

28 U.S.C. § 2254

because Petitioner’s request for habeas relief is procedurally defaulted and his claims fail on the merits. Fed. R. Civ. P. 72(b)(2) provides that objections to a report and recommendation must be filed within 14 days after service. In the instant case, objections to the Report and Recommendation were due by June 14, 2023. Neither party has filed objections, evidencing satisfaction with the magistrate judge’s recommendations. Any further review by this Court would be a duplicative and inefficient use of the Court’s limited resources. Thomas v. Arn,

728 F.2d 813

(6th Cir. 1984), aff’d,

474 U.S. 140

(1985); Howard v. Secretary of Health and Human Services,

932 F.2d 505

(6th Cir. 1991); United States v. Walters,

638 F.2d 947

, 949–50 (6th Cir. 1981). Accordingly, the Report and Recommendation of the magistrate judge is hereby adopted. ECF No. 33. Petitioner’s writ of habeas corpus petition is denied. The Court certifies, pursuant to

28 U.S.C. § 1915

(a)(3), that an appeal from this decision could not be taken in good faith, and that there is no basis upon which to issue a certificate of appealability.

28 U.S.C. § 2253

(c); Fed R. App. P. 22(b).

IT IS SO ORDERED.

June 23, 2023 /s/ Benita Y. Pearson Date Benita Y. Pearson United States District Judge

Reference

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