From Casetext: Smarter Legal Research

Yoder v. Tibbals

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION
Jul 31, 2014
Case No. 5:13 CV 118 (N.D. Ohio Jul. 31, 2014)

Opinion

Case No. 5:13 CV 118

07-31-2014

Sam Yoder, Petitioner, v. Terry A. Tibbals, Respondent.


ORDER ADOPTING REPORT AND RECOMMENDATION

This Court has reviewed the Report and Recommendation ("R&R") of the Magistrate Judge filed July 15, 2014 (Doc. 20). The R&R recommends this Court dismiss Yoder's Petition as procedurally defaulted.

Under 28 U.S.C. § 636(b)(1), a party must serve written objections to the Magistrate Judge's proposed findings and recommendations within fourteen (14) days of being served with the R&R, at which time this Court makes a de novo determination of those portions of the R&R to which objections were made. The failure to file objections within the time frame set forth in the statute constitutes a waiver of de novo review by the district court. See United States v. Sullivan, 431 F.3d 976, 984 (6th Cir. 2005); Thomas v. Arn, 474 U.S. 140, 149 (1985).

Petitioner's deadline for filing objections has passed, and no request for an extension has been received. The R&R accurately states the facts and law, which this Court adopts in its entirety. Accordingly, this Court dismisses the Petition with prejudice. This Court further certifies that an appeal from this decision could not be taken in good faith and declines to issue a certificate of appealability. See 28 U.S.C. § 2253.

IT IS SO ORDERED.

s/ Jack Zouhary

JACK ZOUHARY

U.S. DISTRICT JUDGE

July 31, 2014


Summaries of

Yoder v. Tibbals

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION
Jul 31, 2014
Case No. 5:13 CV 118 (N.D. Ohio Jul. 31, 2014)
Case details for

Yoder v. Tibbals

Case Details

Full title:Sam Yoder, Petitioner, v. Terry A. Tibbals, Respondent.

Court:UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION

Date published: Jul 31, 2014

Citations

Case No. 5:13 CV 118 (N.D. Ohio Jul. 31, 2014)