Opinion
Case No. 5:18 CV 35
11-09-2018
Jerry Franks, Petitioner, v. Warden Charles Bradley, Respondent.
ORDER ADOPTING REPORT & RECOMMENDATION
Petitioner pro se Jerry Franks, a prisoner in state custody, filed a Petition seeking a writ of habeas corpus under 28 U.S.C. § 2254 (Doc. 1). This case was referred to Magistrate Judge James Knepp for a Report and Recommendation (R&R) under Local Rule 72.2. Respondent filed a Motion to Dismiss (Doc. 7). The R&R recommends this Court dismiss the Petition (Doc. 11). Petitioner has not filed an Objection.
Under 28 U.S.C. § 636(b)(1), this Court reviews de novo those portions of the R&R to which objections are made. Failure to file objections within the timeframe set forth in the statute constitutes a waiver of de novo review. See Thomas v. Arn, 474 U.S. 140 (1985); United States v. Sullivan, 431 F.3d 976, 984 (6th Cir. 2005). This Court has reviewed the R&R and finds it accurately states the facts and law. This Court therefore adopts the R&R in its entirety.
Accordingly, the Petition is dismissed.
IT IS SO ORDERED.
s/ Jack Zouhary
JACK ZOUHARY
U. S. DISTRICT JUDGE
November 9, 2018