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Lowery v. Grondolsky

United States District Court, N.D. Ohio
Jan 8, 2010
Case No. 4:09cv818 (N.D. Ohio Jan. 8, 2010)

Opinion

Case No. 4:09cv818.

January 8, 2010


ORDER


On August 5, 2008, Petitioner filed a pro se Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (Dkt. # 1). The case was referred to Magistrate Judge Nancy A. Vecchiarelli pursuant to Local Rule 72.2 (Dkt. # 14). On December 16, 2009, the Magistrate Judge recommended that Petitioner's application for habeas corpus be dismissed (Dkt. # 17).

FED. R. CIV.P. 72(b) provides that objections to a Report and Recommendation must be filed within ten (10) days after service, but Petitioner has failed to timely file any such objections. Therefore, the Court must assume that Petitioner is satisfied with the Magistrate Judge's recommendation. Any further review by this Court would be a duplicative and inefficient use of the Court's limited resources. Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984), aff'd, 474 U.S. 140 (1985); Howard v. Secretary of Health and Human Services, 932 F.2d 505 (6th Cir. 1991); United States v. Walters, 638 F.2d 947 (6th Cir. 1981).

Therefore, Magistrate Judge Vecchiarelli's Report and Recommendation is ADOPTED and Petitioner's Writ of Habeas Corpus (Dkt. # 1) is DISMISSED and Respondent J. Grondolsky's Motion to Dismiss Petitioner's Motion to Vacate, Set Aside or Correct Sentence is GRANTED.

Furthermore, the court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could not be taken in good faith, and that there is no basis upon which to issue a certificate of appealability. 28 U.S.C. § 2253(c); Fed.R.App.P. 22(b).

IT IS SO ORDERED.


Summaries of

Lowery v. Grondolsky

United States District Court, N.D. Ohio
Jan 8, 2010
Case No. 4:09cv818 (N.D. Ohio Jan. 8, 2010)
Case details for

Lowery v. Grondolsky

Case Details

Full title:Maurice Lowery Petitioner, v. J. Grondolsky, Warden Respondent

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

Date published: Jan 8, 2010

Citations

Case No. 4:09cv818 (N.D. Ohio Jan. 8, 2010)