Opinion
Case No. 5:17-cv-2002
03-08-2021
Quentin Franklin, Petitioner, v. Dave Marquis, Warden, Respondent.
ORDER
Before me is the October 31, 2019 Report and Recommendation of Magistrate Judge Thomas M. Parker, (Doc. No. 15), recommending I deny pro se Petitioner Quentin Franklin's petition for a writ of habeas corpus under 28 U.S.C. § 2254 because Franklin's claims lack merit, are not cognizable in habeas proceedings, or have been procedurally defaulted.
Under the relevant statute, "[w]ithin fourteen days after being served with a copy, any party may serve and file written objections to such proposed findings and recommendations as provided by rules of court." 28 U.S.C. § 636(b)(1); United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981). The fourteen-day period has elapsed and no objections have been filed.
The failure to file written objections to the Magistrate Judge's Report and Recommendation constitutes a waiver of a determination by the district court of an issue covered in the report. Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984), aff'd, 474 U.S. 140 (1985); see also Walters, 638 F.2d at 950; Smith v. Detroit Fed'n of Teachers, Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987) ("[O]nly those specific objections to the magistrate's report made to the district court will be preserved for appellate review").
Following my review of the Magistrate Judge's Report and Recommendation, I adopt the Report and Recommendation, (Doc. No. 15), in its entirety as the Order of the Court and dismiss Franklin's petition. Further, I certify there is no basis on which to issue a certificate of appealability. 28 U.S.C. § 2253; Fed. R. App. P. 22(b).
So Ordered.
s/ Jeffrey J. Helmick
United States District Judge