Opinion
CASE NO. 3:14-CV-1945
12-18-2015
GEOFFREY M. BANKS, Petitioner, v. JASON BUNTING, Warden, Respondent.
OPINION & ORDER
[Resolving Doc. Nos. 1, 14] :
Petitioner Geoffrey Banks seeks a writ of habeas corpus under 28 U.S.C. § 2254 and moves for a stay and abeyance of the petition. On November 4, 2015, Magistrate Judge Burke recommended that this Court dismiss the petition and deny the motion for stay and abeyance. Neither party objected to Magistrate Judge Burke's Report and Recommendation ("R&R").
Doc. 1. Respondent filed a return of writ. Doc. 5. Petitioner filed a traverse. Doc. 17. Respondent replied. Doc. 18. Petitioner replied. Doc. 20.
Doc. 14. Respondent filed an opposition. Doc. 16. Petitioner replied. Doc. 19.
Doc. 21.
The Federal Magistrates Act requires a district court to conduct a de novo review only of those portions of a R&R to which a party has made an objection. Parties must file any objections to a R&R within fourteen days of service. Failure to object within that time waives a party's right to have the Court review the R&R. Absent objection, a district court may adopt the R&R without review.
Fed. R. Civ. P. 72(b)(2); LR 72.3(b).
LR 72.3(b); see Thomas v . Arn, 474 U.S. 140, 145 (1985); United States v . Walters, 638 F.2d 947, 949-50 (6th Cir. 1981).
See Thomas , 474 U.S. at 149.
In this case, neither party has objected to the R&R. Moreover, having conducted its own review of the record in this case, this Court agrees with the conclusions of Magistrate Judge Burke.
Accordingly, the Court ADOPTS in whole Magistrate Judge Burke's Report and Recommendation and incorporates it fully herein by reference. The Court DISMISSES WITH PREJUDICE Banks' petition and DENIES his motion for stay and abeyance. Moreover, the Court certifies that an appeal from this decision could not be taken in good faith and that no basis exists upon which to issue a certificate of appealability under 28 U.S.C. § 1915(a)(3).
28 U.S.C. § 2253(c); Fed. R. App. P. 22(b). --------
IT IS SO ORDERED. Dated: December 18, 2015
s/ James S. Gwin
JAMES S. GWIN
UNITED STATES DISTRICT JUDGE