UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

JERMAINE RICHARDSON, ) CASE NO. 1:21-CV-01875 ) Petitioner, ) JUDGE CHARLES ESQUE FLEMING ) vs. ) MAGISTRATE JUDGE ) JAMES E. GRIMES JR. WARDEN WANZA JACKSON- ) MITCHELL, ) OPINION AND ORDER ADOPTING ) MAGISTRATE’S REPORT AND Respondent. ) RECOMMENDATION

On September 29, 2021, Petitioner Ruben Martinez-Castro (“Petitioner”) filed a Petition for Writ of Habeas Corpus (“Petition”), pursuant to

. (ECF No. 1). On July 27, 2023, Magistrate Judge James E. Grimes Jr. filed a Report and Recommendation recommending that the Court deny and dismiss the Petition. (ECF No. 12). Fed. R. Civ. P. 72(b)(2) provides that the parties may object to a Magistrate Judge’s Report and Recommendation within 14 days after service. The Report and Recommendation also gave the parties notice of the 14-day time limit for filing objections. (ECF No. 12, R&R at Page 28). On July 27, 2023, Petitioner’s counsel received electronic notice of the Report and Recommendation. As a result, any objections by the parties were due on August 10, 2023. No objection has been filed by either party to date. Under the Federal Magistrates Act, a district court must conduct a de novo review of those portions of the Report and Recommendation to which the parties have objected.

(b)(1)(C); Fed. R. Civ. P. 72(b)(3). Absent objection, a district court may adopt a Report and Recommendation without further review. See Peretz v. United States,

(1991): Thomas v. Arn,

(1985). Accordingly, the Court ADOPTS Magistrate Judge Grime’s Report and Recommendation, incorporates it fully herein by reference, and DENIES and DISMISSES the Petition. The Court also CERTIFIES, pursuant to

(a)(3), that an appeal from this decision cannot be taken in good faith, and that there is no basis upon which to issue a certificate of appealability. Fed. R. App. P. 22(b);

(c). IT IS SO ORDERED. Date: August 21, 2023 “Und Af , fines CHARLES ESQUE FLEMING UNITED STATES DISTRICT JUDGE