Fields v. Davis

District Court, N.D. Ohio

Fields v. Davis

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

KURTIS FIELDS, ) CASE NO. 1:23-cv-00239 ) Petitioner, ) JUDGE BRIDGET MEEHAN BRENNAN ) v. ) ) WARDEN GEORGE A. FREDRICK, ) OPINION AND ORDER ) Respondent. )

Before the Court is the Report and Recommendation (“R&R”) of Magistrate Judge James E. Grimes, Jr. (Doc. 16) recommending that Kurtis Fields’ (“Petitioner”) pro se petition for a writ of habeas corpus pursuant to

28 U.S.C. § 2254

be denied. Once a magistrate judge issues a report, the relevant statute provides:

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) (flush language).

The failure to timely file written objections to a R&R constitutes a waiver of a de novo review by the district court. Thomas v. Arn,

728 F.2d 813

(6th Cir. 1984), aff’d

474 U.S. 140

,

106 S. Ct. 466

,

88 L. Ed. 2d 435

(1985); see also United States v. Walters,

638 F.2d 947, 949-50

(6th Cir. 1981). The R&R was issued on February 19, 2025. The docket reflects the R&R was mailed to Petitioner at his address of record, that being the Marion Correctional Institution, the same day. As of the date of this Opinion and Order, the R&R has not been returned as undeliverable. The Ohio Department of Rehabilitation & Correction’s public website indicates Petitioner remains incarcerated at Marion Correctional Institution. The Court finds that the time for filing objections has passed with Petitioner stating no objection to the R&R. See Peoples v. Hoover,

377 F. App’x 461, 463

(6th Cir. 2010) (recognizing courts have enforced the rule requiring objection to a magistrate report regularly against pro se litigants). Having reviewed the R&R in its entirety, the Court hereby ACCEPTS and ADOPTS the R&R. Accordingly, Fields’ pro se petition for a writ of habeas corpus pursuant to

28 U.S.C. § 2254

is DENIED. The Court further certifies that there is no basis on which to issue a certificate of appealability.

28 U.S.C. § 2253

; Fed. R. App. P. 22(b).

IT IS SO ORDERED. .

Date: April 3, 2025 BRI J 2 MEEHAN As ENNAN UNITED STAT ISTRICT JUDGE

Reference

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