Panezich v. Foley

District Court, N.D. Ohio

Panezich v. Foley

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO

: CLIFTON J. PANEZICH, : CASE NO. 4:21-cv-00331 : Petitioner, : ORDER : [Resolving Docs. 1, 17] v. : : KEITH J. FOLEY, : : Respondent. : :

JAMES S. GWIN, UNITED STATES DISTRICT COURT JUDGE:

Petitioner Clifton Panezich currently serves his five-year period of post-release control for various crimes related to a fraudulent scheme to sell fake sports memorabilia. He brings this habeas corpus action under

28 U.S.C. § 2254.1

On January 5, 2024, Magistrate Judge Henderson filed a Report and Recommendation (R&R) recommending that the Court deny Panezich’s habeas petition in its entirety and deny him a certificate of appealability.2 Specifically, Magistrate Judge Henderson found that all of Panezich’s claims are either non-cognizable or fail on the merits.3 Petitioner did not file an objection to the R&R. The Federal Magistrates Act requires direct courts to conduct a de novo review only of objected-to portions of an R&R.4 Absent objection, district courts may adopt an R&R without review.5

1 Doc. 1. 2 Doc. 17. 3 4

28 U.S.C. § 636

(b)(1). 5 ,

474 U.S. 140

, 149–52 (1985). Failure to timely object may waive a party's right to appeal the district So, the Court ADOPTS the R&R, DENIES Panezich’s habeas petition in its entirety, and DENIES any associated certificate of appealability. IT IS SO ORDERED.

Dated: January 24, 2024 JAMES S. GWIN UNITED STATES DISTRICT JUDGE

Reference

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