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Chapin v. Clipper

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION
Sep 13, 2012
CASE NO. 1:11CV1554 (N.D. Ohio Sep. 13, 2012)

Opinion

CASE NO. 1:11CV1554

09-13-2012

JONATHAN CHAPIN, Petitioner, v. KIMBERLY CLIPPER, Warden, Respondent.


JUDGE DAN AARON POLSTER


MEMORANDUM OF OPINION

AND ORDER

Before the Court is the Report and Recommendation of Magistrate Judge James R. Knepp II ("R & R") (Doc. # 16), dated August 3, 2012. The R&R recommends that Petitioner Jonathan Chapin's 28 U.S.C. § 2241 petition for writ of habeas corpus (Doc. # 1) be denied.

Under 28 U.S.C. § 636(b)(1) a habeas petitioner has 14 days after being served a copy of the R&R to file written objections. On August 3, the day the R&R was filed, a copy was mailed to the institution in which Petitioner was being held: Grafton Correctional. The mail was returned to sender because, as it turned out, Petitioner had been released on December 7, 2011, and he is now on post-release supervision. Petitioner did not, however, provide a forwarding address, so a copy of the R&R has not been successfully served on him. Still, it is the prisoner's responsibility to provide a forwarding address, not the Court's job to track him down. Today is September 13; the deadline for filing objections has passed, and no objections have been filed.

The failure to timely file written objections to a Magistrate Judge's R&R constitutes a waiver of the right to obtain a de novo review of the R&R in the district court. Id.; United States v. Walters, 638 F.2d 947, 949 (6th Cir. 1981). The failure to file written objections also results in a waiver of the right to appeal. Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984), aff'd, 474 U.S. 140 (1985).

The Court has reviewed the Magistrate Judge's thorough and well-written R & R. The Court agrees with the Magistrate Judge that Petitioner's sole claim should be denied. Accordingly, the Court ADOPTS the Magistrate Judge's R&R (Doc. # 16) and DENIES the petition for writ of habeas corpus (Doc. # 1).

IT IS SO ORDERED.

_______________

Dan Aaron Polster

United States District Judge


Summaries of

Chapin v. Clipper

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION
Sep 13, 2012
CASE NO. 1:11CV1554 (N.D. Ohio Sep. 13, 2012)
Case details for

Chapin v. Clipper

Case Details

Full title:JONATHAN CHAPIN, Petitioner, v. KIMBERLY CLIPPER, Warden, Respondent.

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

Date published: Sep 13, 2012

Citations

CASE NO. 1:11CV1554 (N.D. Ohio Sep. 13, 2012)