Hill v. Fender

District Court, N.D. Ohio

Hill v. Fender

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

RAYVON HILL, ) CASE NO. 1:22-cv-2083 ) PETITIONER, ) CHIEF JUDGE SARA LIOI ) vs. ) MEMORANDUM OPINION ) DOUGLAS FENDER, 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 Court extended the period for filing objections to December 16, 2024. (Order [non-document], 10/16/2024; see Doc. No. 10.) Petitioner has failed to file objections or seek a further extension of the time for doing so. 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 v. Arn,

728 F.2d 813

(6th Cir. 1984), affd,

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. This case is closed. IT IS SO ORDERED. Dated: December 30, 2024 Bt oe * HONORABLE SARA LIOI CHIEF JUDGE UNITED STATES DISTRICT COURT

Reference

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