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Melton v. Tibbals

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION
Jul 18, 2014
CASE NO. 1:13-CV-1288 (N.D. Ohio Jul. 18, 2014)

Opinion

CASE NO. 1:13-CV-1288

07-18-2014

GREGORY MELTON, PETITIONER, v. TERRY TIBBALS, RESPONDENT.


JUDGE SARA LIOI


MEMORANDUM OPINION AND

ORDER

Before the Court is the report and recommendation of the Magistrate Judge in the above-entitled action. Under the relevant statute:

[. . .] 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). In this case, the fourteen-day period has elapsed and no objections have been filed nor has any extension of time been sought. The failure to 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 report and recommendation and accepts the same. Respondent's motion to dismiss is GRANTED, and this case is DISMISSED. Further, the Court certifies that an appeal from this decision could not be taken in good faith and that there is no basis upon which to issue a certificate of appealability. 28 U.S.C. §§ 1915(a)(3), 2253(c); Fed. R. App. P. 22(b).

IT IS SO ORDERED.

__________

HONORABLE SARA LIOI

UNITED STATES DISTRICT JUDGE


Summaries of

Melton v. Tibbals

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION
Jul 18, 2014
CASE NO. 1:13-CV-1288 (N.D. Ohio Jul. 18, 2014)
Case details for

Melton v. Tibbals

Case Details

Full title:GREGORY MELTON, PETITIONER, v. TERRY TIBBALS, RESPONDENT.

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

Date published: Jul 18, 2014

Citations

CASE NO. 1:13-CV-1288 (N.D. Ohio Jul. 18, 2014)