Gomez v. Turner

District Court, N.D. Ohio

Gomez v. Turner

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO

: ANTWINE GOMEZ, : CASE NO. 3:20-cv-02247 : Petitioner, : ORDER : [Resolving Doc. 1, 11] v. : : WARDEN NEIL TURNER, : : Respondent. : :

JAMES S. GWIN, UNITED STATES DISTRICT COURT JUDGE:

Petitioner Antwine Gomez currently serves an aggregate prison term forty years to life for rape charges. He brings this habeas corpus action under

28 U.S.C. § 2254.1

On December 29, 2023, Magistrate Judge Knapp filed a Report and Recommendation (R&R) recommending that the Court deny Gomez’s habeas petition in its entirety.2 Specifically, Magistrate Judge Knapp found that Gomez’s three grounds for relief were procedurally defaulted.3 Petitioner did not file an objection to the R&R.4 The Federal Magistrates Act requires direct courts to conduct a de novo review only of objected-to portions of an R&R.5 Absent objection, district courts may adopt an R&R without review.6 So, the Court ADOPTS the R&R, DENIES Gomez’s habeas petition in its entirety, and DENIES any associated certificate of appealability.

1 Doc. 1. 2 Doc. 11, PageID #: 1602. 3 4 The Court granted Petitioner Gomez’s request for an extension to reply to the R&R. Dkt., Jan. 22, 2024. Gomez did not file an objection within this time. 5

28 U.S.C. § 636

(b)(1). 6 ,

474 U.S. 140

, 149–52 (1985). Failure to timely object may waive a party's right to appeal the district IT IS SO ORDERED.

Dated: March 7, 2024 JAMES S. GWIN UNITED STATES DISTRICT JUDGE

Reference

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