Opinion
CASE NO. 1:13CV2220
05-09-2014
IKE PINKSTON Petitioner, v. BENNIE KELLY, Respondent.
JUDGE DAN AARON POLSTER
MEMORANDUM OF OPINION
AND ORDER
Before the Court is the Report and Recommendation of Magistrate Judge James R. Knepp ("R & R") (Doc. # 7). The R&R recommends that Petitioner Ike Pinkston's 28 U.S.C. § 2254 petition for writ of habeas corpus (Doc. # 1) be dismissed as time-barred. The deadline has long since passed for Petitioner to file written objections to the R&R. See 28 U.S.C. § 636(b)(1). Failure to file objections by the deadline constitutes a waiver of the right to obtain a de novo review of the R&R in the district court, United States v. Walters, 638 F.2d 947, 949 (6th Cir. 1981), and a waiver of the right to appeal. Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984), aff'd, 474 U.S. 140 (1985).
The Court has reviewed the Magistrate Judge's R&R and agrees that the petition should be dismissed as time-barred. Accordingly, the Court ADOPTS the Magistrate Judge's R&R (Doc. # 7) and DISMISSES the petition for writ of habeas corpus (Doc. # 1).
IT IS SO ORDERED.
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Dan Aaron Polster
United States District Judge