Opinion
1:21-CV-00860
01-24-2024
LOWELL HARRIS, Petitioner, v. WARDEN LYNEAL WAINWRIGHT, Respondent.
JAMES E. GRIMES, JR., MAGISTRATE JUDGE
OPINION AND ORDER ADOPTING MAGISTRATE'S REPORT AND RECOMMENDATION
CHARLES ESQUE FLEMING, UNITED STATES DISTRICT JUDGE
On April 26, 2021, Petitioner Lowell Harris (“Petitioner”) filed a Petition for Writ of Habeas Corpus (“Petition”), pursuant to 28 U.S.C. § 2254. (ECF No. 1). On December 8, 2023, Magistrate Judge James E. Grimes, Jr. filed a Report and Recommendation (“R&R”) recommending that the Court deny and dismiss the Petition. (ECF No. 12).
Fed. R. Civ. P. 72(b)(2) provides that the parties may object to a Magistrate Judge's R&R within 14 days after service. The R&R also gave the parties notice of the 14-day time limit for filing objections. (ECF No. 12, PageID# 1342). This Court gave Petitioner significantly longer- over 45 days-to object to the R&R, but as of the date of this Order, no objections have been filed.
Under the Federal Magistrates Act, a district court must conduct a de novo review of those portions of the R&R to which the parties have objected. 28 U.S.C. § 636(b)(1)(C); Fed.R.Civ.P. 72(b)(3). Absent objection, a district court may adopt a R&R without further review. See Peretz v. United States, 501 U.S. 923, 939 (1991); Thomas v. Arn, 474 U.S. 140, 141-42 (1985).
Accordingly, the Court ADOPTS Magistrate Judge Grimes's R&R, incorporates it fully herein by reference, and DENIES and DISMISSES the Petition. The Court also CERTIFIES, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision cannot be taken in good faith, and that there is no basis upon which to issue a certificate of appealability. Fed. R. App. P. 22(b); 28 U.S.C. § 2253(c).
IT IS SO ORDERED.