Opinion
CASE NO. 1:15-CV-888
11-04-2015
RAYMONE BANKS, Petitioner, v. JOHN COLEMAN, Warden, Respondent.
OPINION & ORDER
[Resolving Doc Nos. 1, 4]
:
Petitioner Raymone Banks seeks a writ of habeas corpus under 28 U.S.C. § 2254. Respondent John Coleman moves to dismiss the petition. On October 7, 2015, Magistrate Judge Knepp recommended that this Court dismiss the petition. Neither party has filed an objection to Magistrate Judge Knepp's Report and Recommendation ("R&R").
Doc. 1.
Doc. 4.
Doc. 5.
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 and the parties' briefing in this case, this Court agrees with the conclusions of Magistrate Judge Knepp.
Accordingly, the Court ADOPTS in whole Magistrate Judge Knepp's Report and Recommendation and incorporates it fully herein by reference. The Court DISMISSES WITH PREJUDICE Banks' petition. 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: November 4, 2015
s/ James S. Gwin
JAMES S. GWIN
UNITED STATES DISTRICT JUDGE