Opinion
CASE NO. 3:06 CV 2805.
June 21, 2007
MEMORANDUM OF OPINION AND ORDER
Before the Court is the Report and Recommendation of Magistrate Judge Patricia A. Hemann issued on May 21, 2007 ( ECF. No. 9). Petitioner Israel Flores has filed a 28 U.S.C. § 2254 petition for writ of habeas corpus challenging his 2004 state conviction for drug trafficking with a specification that the crime was committed in the vicinity of a juvenile. The petition alleges one ground: that petitioner's due process rights were violated when the prosecutor withheld evidence that impeached the state's key witness.
Under the relevant statute:
Within ten 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) (1988) (emphasis added). Here, one month has elapsed since the Magistrate Judge's Report and Recommendation was issued, and neither an objection nor a request for an extension to file objections has been filed.
The failure to timely 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), aff'd, 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 thorough and well-written Report and Recommendation ( ECF No. 9) and hereby ADOPTS it. Accordingly, the underlying petition for writ of habeas corpus is DENIED.
IT IS SO ORDERED.