Banks v. Bunting

Full title: GEOFFREY M. BANKS, Petitioner, v. JASON BUNTING, Warden, Respondent.

Court: UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO

Date published: Jun 15, 2015

CASE NO. 1:14-CV-01945 (N.D. Ohio Jun. 15, 2015)

Opinion

CASE NO. 1:14-CV-01945

06-15-2015

GEOFFREY M. BANKS, Petitioner, v. JASON BUNTING, Warden, Respondent.

JAMES S. GWIN, UNITED STATES DISTRICT JUDGE

OPINION & ORDER
[Resolving Doc. 8]
:

Petitioner Geoffrey Banks moves to dismiss, without prejudice, his Petition for Writ of Habeas Corpus under 28 U.S.C. § 2254.¹ On May 18, 2015, Magistrate Judge Kathleen B. Burke issued an Interim Report and Recommendation (R&R) recommending that the Court deny Banks' motion.² Banks has not filed an objection to the R&R.

1 Doc. 8.

2 Doc. 11.

The Federal Magistrates Act requires a district court to conduct a de novo review only of those portions of an R&R to which the parties have made an objection.³ Parties must file any objections to an R&R within fourteen days of service.⁴ Failure to object within that time waives a party's right to appeal the Magistrate Judge's recommendation.⁵ Absent objection, a district court may adopt the Magistrate Judge's report without review.⁶

3 28 U.S.C. § 636(b)(1).

4 N.D. Ohio L.R. 72.3(b).

5 Id.; see Thomas v. Arn , 474 U.S. 140, 145 (1985); United States v. Walters , 638 F.2d 947, 949-50 (6th Cir. 1981).

6 Thomas, 474 U.S. at 149.
--------

Accordingly, the Court ADOPTS Magistrate Judge Burke's findings of fact and conclusions of law and incorporates them fully herein by reference. The Court DENIES Banks' motion to dismiss his petition without prejudice.

IT IS SO ORDERED. Dated: June 15, 2015

s/ James S. Gwin

JAMES S. GWIN

UNITED STATES DISTRICT JUDGE