Price v. Voorhies

Full title: DARNELL PRICE, Petitioner, v. EDWIN VOORHIES, Warden, Respondent

Court: United States District Court, S.D. Ohio, Eastern Division

Date published: Jan 4, 2010

CASE NO. 2:08-CV-650 (S.D. Ohio Jan. 4, 2010)

Opinion

CASE NO. 2:08-CV-650.

January 4, 2010

OPINION AND ORDER

EDMUND SARGUS JR., District Judge

On November 4, 2009, the Magistrate Judge issued a Report and Recommendation recommending that the instant petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 be dismissed. Doc. No. 11. Petitioner has filed objections to the Magistrate Judge's Report and Recommendation. Doc. No. 13. For the reasons that follow, petitioner's objections are OVERRULED. The Report and Recommendation is ADOPTED and AFFIRMED. This action is hereby DISMISSED.

Petitioner objects to the Magistrate Judge's recommendation of dismissal of his claims as procedurally defaulted. Petitioner contends that he was illegally sentenced and denied the effective assistance of counsel. However, as discussed by the Magistrate Judge, petitioner waived this Court's consideration of his claims because he failed to file a timely appeal to the Ohio Supreme Court, see Bonilla v. Hurley, 370 F.3d 494, 497 (6^th Cir. 2004), and failed to pursue post conviction proceedings. He has also failed to establish cause and prejudice for his procedural default.

Pursuant to 28 U.S.C. § 636(b), this Court has conducted a de novo review of the Magistrate Judge's Report and Recommendation. For the reasons detailed therein, petitioner's objections are OVERRULED. The Report and Recommendation is ADOPTED and AFFIRMED. This action is hereby DISMISSED.

The Clerk shall enter FINAL JUDGMENT.