Opinion
CASE NO. 5:13cv1089
11-26-2014
JERMAINE TURNER, Petitioner, v. ALAN LAZAROFF, Respondent.
JUDGE BENITA Y. PEARSON MEMORANDUM OF OPINION AND ORDER [Regarding ECF No. 21]
On October 31, 2014, Magistrate Judge George J. Limbert issued a Report and Recommendation ("R&R") recommending that the Court dismiss Petitioner's petition for a writ of habeas corpus (ECF No. 1) in its entirety with prejudice, including denying as moot Petitioner's request for an evidentiary hearing (ECF No. 9) that the Court had previously held in abeyance (ECF No. 20).
The Federal Magistrates Act requires a district court to conduct a de novo review only of those portions of a report and recommendation to which the parties have made an objection. 28 U.S.C. § 636(b)(1)(C). Parties must file any objections to a report and recommendation within 14 days of service. Id. ; Fed. R. Civ. Pro. 72(b)(2). Failure to object within this time waives a party's right to appeal the district court's judgment. Thomas v. Arn, 474 U.S. 140, 145 (1985); United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981). Absent objection, a district court may adopt a magistrate judge's report without review. See Thomas, 474 U.S. at 149.
In the instant case, objections to the R&R were due by November 17, 2014. Petitioner has not filed an objection. Accordingly, the Court adopts the R&R (ECF No. 21). Petitioner's petition (ECF No. 1) is denied in its entirety with prejudice. Furthermore, the Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could not be taken in good faith.
IT IS SO ORDERED. November 26, 2014
Date
/s/ Benita Y. Pearson
Benita Y. Pearson
United States District Judge