From Casetext: Smarter Legal Research

Dudley v. Clipper

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION
Dec 8, 2014
Case No.1:13CV1277 (N.D. Ohio Dec. 8, 2014)

Opinion

Case No.1:13CV1277

12-08-2014

EDDIE DUDLEY, Petitioner, v. KIMBERLY CLIPPER, Warden, Respondent.


ORDER

On June 10, 2013, Petitioner filed a pro se Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (Dkt. #1). The case was referred to Magistrate Judge George J. Limbert pursuant to Local Rule 72.2. On November 13, 2014, the Magistrate Judge recommended that Petitioner's Motion for Leave to Amend Petitioner's Traverse be denied and Petitioner's Application for Habeas Corpus be dismissed (Dkt. #17).

FED. R. CIV.P. 72(b) provides that objections to a Report and Recommendation must be filed within fourteen days after service, but Petitioner has failed to timely file any such objections. Therefore, the Court must assume that Petitioner is satisfied with the Magistrate Judge's recommendation. Any further review by this Court would be a duplicative and inefficient use of the Court's limited resources. Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984), aff'd, 474 U.S. 140 (1985); Howard v. Secretary of Health and Human Services, 932 F.2d 505 (6th Cir. 1991); United States v. Walters, 638 F.2d 947 (6th Cir.1981).

Therefore, Magistrate Judge Limbert's Report and Recommendation is ADOPTED and Petitioner's Writ of Habeas Corpus (Dkt.#1) is DISMISSED. Petitioner's Motion for Leave to Amend Petitioner's Traverse is denied.

Furthermore, the Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could not be taken in good faith, and that there is no basis upon which to issue a certificate of appealability. 28 U.S.C. §2253(c); Fed. R. App. P. 22(b).

IT IS SO ORDERED.

Dated: 12/8/2014

S/Christopher A. Boyko

CHRISTOPHER A. BOYKO

UNITED STATES DISTRICT JUDGE


Summaries of

Dudley v. Clipper

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION
Dec 8, 2014
Case No.1:13CV1277 (N.D. Ohio Dec. 8, 2014)
Case details for

Dudley v. Clipper

Case Details

Full title:EDDIE DUDLEY, Petitioner, v. KIMBERLY CLIPPER, Warden, Respondent.

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

Date published: Dec 8, 2014

Citations

Case No.1:13CV1277 (N.D. Ohio Dec. 8, 2014)

Citing Cases

Jones v. Foley

See e.g., Vroman, 346 F.3d at 605 (finding petitioner's decision to proceed solely to the Ohio Supreme Court…

Chapman v. Foley

Thus, and for all the reasons set forth above, the Court finds Chapman has failed to demonstrate he has been…