Brown v. Warden, Noble Corr. Inst.

Full title: IRVIN M. BROWN, Petitioner, v. WARDEN, NOBLE CORRECTIONAL INSTITUTION…

Court: UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

Date published: Dec 22, 2014

Civil Action 2:14-cv-813 (S.D. Ohio Dec. 22, 2014)

Opinion

Civil Action 2:14-cv-813

12-22-2014

IRVIN M. BROWN, Petitioner, v. WARDEN, NOBLE CORRECTIONAL INSTITUTION, Respondent.

Magistrate Judge King

Judge Graham

REPORT AND RECOMMENDATION

Respondent sought and was granted until December 12, 2014 to respond to the Petition. Order, ECF 11. The Return of Writ was in fact filed on December 2014. Return of Writ, ECF 15.¹ Under these circumstances, it is RECOMMENDED that petitioner's December 22, 2014 application for the entry of default, Application to Clerk for Entry of Default, ECF 16, be denied.

1 The Certificate of Service reflected in the Return of Writ indicates that a copy of the filing was mailed to petitioner on December 12, 2014. Return of Writ, p. 23.

If any party seeks review by the District Judge of this Report and Recommendation, that party may, within fourteen (14) days, file and serve on all parties objections to the Report and Recommendation, specifically designating this Report and Recommendation, and the part thereof in question, as well as the basis for objection thereto. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). Response to objections must be filed within fourteen (14) days after being served with a copy thereof. Fed. R. Civ. P. 72(b).

The parties are specifically advised that the failure to object to the Report and Recommendation will result in a waiver of the right to de novo review by the District Judge and waiver of the right to appeal the judgment of the District Court. See, e.g., Pfahler v. Nat'l Latex Prod. Co., 517 F.3d 816, 829 (6th Cir. 2007) (holding that "failure to object to the magistrate judge's recommendations constituted a waiver of [the defendant's] ability to appeal the district court's ruling"); United States v. Sullivan, 431 F.3d 976, 984 (6th Cir. 2005) (holding that defendant waived appeal of district court's denial of pretrial motion by failing to timely object to magistrate judge's report and recommendation). Even when timely objections are filed, appellate review of issues not raised in those objections is waived. Robert v. Tesson, 507 F.3d 981, 994 (6th Cir. 2007) ("[A] general objection to a magistrate judge's report, which fails to specify the issues of contention, does not suffice to preserve an issue for appeal . . . .") (citation omitted)).

s/ Norah McCann King

Norah M^cCann King

United States Magistrate Judge
December 22, 2014
Date