Opinion
CASE NO. 1:14CV1082
03-23-2015
MIGEL GROSS, Petitioner, v. BENNIE KELLY, Respondent.
MEMORANDUM OF OPINION AND ORDER
Before the Court is the Report and Recommendation of Magistrate Vernelis K. Armstrong ("R & R") (Doc. # 19). The R&R recommends that Petitioner Migel Gross' 28 U.S.C. § 2254 petition for writ of habeas corpus (Doc. # 1) be dismissed as time-barred.
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. The docket reflects that copy of the R&R was mailed to Petitioner on February 27, 2015. In this case, more than 21 days have elapsed since the R&R was mailed to Gross, and Gross has filed neither an objection nor a request for an extension of time to file one.
Failure to file objections by the deadline constitutes a waiver of the right to obtain a de novo review of the R&R in the district court, United States v. Walters, 638 F.2d 947, 949 (6th Cir. 1981), and 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 R&R and agrees that the petition should be dismissed as time-barred. Accordingly, the Court ADOPTS the Magistrate Judge's R&R (Doc. # 19) and DISMISSES the petition for writ of habeas corpus (Doc. # 1).
IT IS SO ORDERED.
/s/ Dan Aaron Polster March 23 , 2015
Dan Aaron Polster
United States District Judge