Johnson v. Sloan

Full title: REGINALD JOHNSON, Petitioner, v. WARDEN BRINGHAM SLOAN, Respondent.

Court: UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO

Date published: May 28, 2021

CASE NO. 5:18-cv-01846 (N.D. Ohio May. 28, 2021)

Opinion

CASE NO. 5:18-cv-01846

05-28-2021

REGINALD JOHNSON, Petitioner, v. WARDEN BRINGHAM SLOAN, Respondent.

JAMES S. GWIN, UNITED STATES DISTRICT JUDGE

OPINION & ORDER
[Resolving Doc. 1] :

Petitioner Reginald Johnson seeks a writ of habeas corpus under 28 U.S.C. § 2254.

Under Local Rule 72.2(b), this case was automatically referred to a Magistrate Judge for a Report and Recommendation.¹ On January 15, 2020 Magistrate Judge James R. Knepp, II issued a Report and Recommendation, recommending this Court deny Johnson's habeas petition.² The parties had until January 29, 2020 to object to the Report and Recommendation.³ Neither party objected.

1 Local Rule 72.2(b).

2 Doc. 10.

3 28 U.S.C. § 636(b)(1); Local Rule 72.3(b).

Because neither party objected, the Court could adopt the Report and Recommendation without review.⁴ Still, the Court reviewed the Report and Recommendation and agrees with Magistrate Judge Knepp's determinations. As to Petitioner's first assignment of error, the Court agrees that Johnson's state evidence claim is procedurally defaulted. As to Petitioner's second assignment of error, the Court agrees that Johnson failed to establish that the state court unreasonably applied Strickland ⁵ to his ineffective assistance of counsel claim.

4 See 28 U.S.C. § 636(b)(1); Thomas v . Arn, 474 U.S. 140, 149-53 (1985); US v . Walters, 638 F.2d 947, 949-50 (6th Cir. 1981).

5 Strickland v . Washington, 466 U.S. 688 (1984). --------

Accordingly, the Court ADOPTS Magistrate Judge Knepp's Report and Recommendation and DENIES Johnson's habeas petition.

IT IS SO ORDERED. Dated: May 28, 2021

s/ James S . Gwin

JAMES S. GWIN

UNITED STATES DISTRICT JUDGE