Opinion
4:23-cv-01755
04-18-2024
TAMMECO A. CARGILL, Petitioner, v. WARDEN HEALY, Respondent.
CARMEN E. HENDERSON MAGISTRATE JUDGE.
OPINION AND ORDER ADOPTING MAGISTRATE'S REPORT AND RECOMMENDATION
CHARLES ESQUE FLEMING UNITED STATES DISTRICT JUDGE.
On September 8, 2023, Petitioner Tammeco Cargill (“Petitioner”) filed a Petition for Writ of Habeas Corpus (“Petition”), pursuant to 28 U.S.C. § 2241. (ECF No. 1). On December 4, 2023, Respondent Warden Healy (“Respondent”) filed a Motion to Dismiss the Petition. (ECF No. 8). On March 1, 2024, Magistrate Judge Carmen E. Henderson filed a Report and Recommendation (“R&R”) recommending that the Court grant Respondent's Motion and dismiss the Petition. (ECF No. 12).
Fed. R. Civ. P. 72(b)(2) provides that the parties may object to a Magistrate Judge's R&R within 14 days after service. The R&R also gave the parties notice of the 14-day time limit for filing objections. (ECF No. 12, PageID #118). This Court gave Petitioner significantly longer- over 45 days-to object to the R&R. As of the date of this Order, no objections have been filed.
Under the Federal Magistrates Act, a district court must conduct a de novo review of those portions of the R&R to which the parties have objected. 28 U.S.C. § 636(b)(1)(C); Fed. R. Civ. P. 72(b)(3). Absent objection, a district court may adopt a R&R without further review. See Peretz v. United States, 501 U.S. 923, 939 (1991); Thomas v. Arn, 474 U.S. 140, 141-42 (1985).
There being no objections, the Court ADOPTS Magistrate Judge Henderson's R&R, incorporates it fully herein by reference, GRANTS Respondent's Motion to Dismiss, and DISMISSES the Petition. The Court also CERTIFIES, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision cannot be taken in good faith, and that there is no basis upon which to issue a certificate of appealability. Fed. R. App. P. 22(b); 28 U.S.C. § 2253(c).
IT IS SO ORDERED.