PEARSON, J.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

BRANDON SMITH, ) ) CASE NO. 1:21CV1705 Petitioner, ) ) v. ) JUDGE BENITA Y. PEARSON ) WARDEN KEITH FOLEY, ) ) ) MEMORANDUM OF OPINION AND ) ORDER Respondent. ) [Regarding ECF No. 15]

On February 21, 2023, the assigned magistrate judge issued a Report and Recommendation suggesting that Petitioner Smith’s sole claim in his Petition for habeas relief is procedurally defaulted and without merit. See ECF No. 15. Ultimately, the Report and Recommendation urges the dismissal or denial of the petition for a writ of habeas corpus. The Federal Magistrates Act requires a district court to conduct a de novo review only of those portions of a Report and Recommendation to which the parties have made an objection.

(b)(1)(C). Parties must file any objections to a Report and Recommendation within fourteen days of service. Id.; Fed. R. Civ. P. 72(b)(2). Absent objections, a district court may adopt a magistrate judge’s report without review. See Thomas v. Arn,

(1985). Objections to the Report and Recommendation were due by March 7, 2023. None of the parties have filed an objection1. Accordingly, the Court adopts the Report and Recommendation.

1 Petitioner filed a Motion for Extension of Time to File Objections until March 28, 2023. See ECF No. 16. Petitioner subsequently filed a Notice of Withdrawal of that motion on March 16, 2023. See ECF No. 17. ECF No. 15. The Petition is dismissed as procedurally defaulted or, in the alternative, denied as being without merit. Additionally, the Court certifies, pursuant to

(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.

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

IT IS SO ORDERED.

August 7, 2023 /s/ Benita Y. Pearson Date Benita Y. Pearson United States District Judge

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