UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

ANTHONY ZACHERY SR., ) CASE NO. 4:22-cv-1008 ) Petitioner, ) JUDGE CHARLES ESQUE FLEMING ) v. ) MAGISTRATE JUDGE ) JAMES E. GRIMES JR. WARDEN CHARMAINE BRACY, ) ) OPINION AND ORDER ADOPTING Respondent. ) MAGISTRATE’S REPORT AND ) RECOMMENDATION

On June 10, 2022, Petitioner Anthony Zachery Sr. (“Petitioner”) filed a Petition for Writ of Habeas Corpus (“Petition”), pursuant to

. (ECF No. 1). On December 7, 2022, Respondent Warden Charmaine Bracy (“Respondent”) filed a Return of Writ. (ECF No. 14). Petitioner did not file a traverse. On May, 21 2024, Magistrate Judge James E. Grimes Jr. filed a Report and Recommendation (“R&R”) recommending that the Court dismiss the Petition. (ECF No. 17). Fed. R. Civ. P. 72(b)(2) provides that the parties may object to a Magistrate Judge’s R&R within 14 days after service. The R&R also gave the parties notice of the 14-day time limit for filing objections. (ECF No. 17, PageID #819). This Court gave Petitioner significantly longer— over 43 days—to object to the R&R. As of the date of this Order, no objections have been filed. Under the Federal Magistrates Act, a district court must conduct a de novo review of those portions of the R&R to which the parties have objected.

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

(1991); Thomas v. Arn,

, 141–42 (1985). There being no objections, the Court ADOPTS Magistrate Judge Grimes’s R&R, incorporates it fully herein by reference, 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: July 3, 2024 “add uve CHARLES ESQUE FLEMING UNITED STATES DISTRICT JUDGE