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Lester v. Welch

United States District Court, N.D. Ohio, Western Division
Jul 21, 2010
Case No. 3:09 CV 1785 (N.D. Ohio Jul. 21, 2010)

Opinion

Case No. 3:09 CV 1785.

July 21, 2010


MEMORANDUM OPINION AND ORDER


Petitioner Stephen Lester, a prisoner in state custody, filed a Petition for a Writ of Habeas Corpus (Doc. No. 1). The case was referred to United States Magistrate Judge Nancy Vecchiarelli for a Report and Recommendation (R R) pursuant to Local Rule 72.2(b)(2).

The Magistrate Judge filed the R R on May 27, 2010 (Doc. No. 19). Under 28 U.S.C. § 636(b)(1)(C):

Within ten 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. A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.

The ten-day period has elapsed and no objections have been filed. The failure to file written objections constitutes a waiver of a de novo determination by the district court of an issue covered in the report. United States v. Sullivan, 431 F.3d 976, 984 (2005).

The Court has reviewed the R R, and having found it legally and factually accurate, adopts the R R in its entirety. Therefore, the Court denies the Petition for Writ of Habeas Corpus (Doc. No. 1).

IT IS SO ORDERED.


Summaries of

Lester v. Welch

United States District Court, N.D. Ohio, Western Division
Jul 21, 2010
Case No. 3:09 CV 1785 (N.D. Ohio Jul. 21, 2010)
Case details for

Lester v. Welch

Case Details

Full title:Stephen M. Lester, Petitioner, v. Robert Welch, Respondent

Court:United States District Court, N.D. Ohio, Western Division

Date published: Jul 21, 2010

Citations

Case No. 3:09 CV 1785 (N.D. Ohio Jul. 21, 2010)