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Lucas v. Tibbals

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION
Sep 10, 2012
Case No.5:11CR559 (N.D. Ohio Sep. 10, 2012)

Opinion

Case No.5:11CR559

09-10-2012

JUSTIN LUCAS, Petitioner, v. TERRY A. TIBBALS, Warden, Respondent.


ORDER


Judge Christopher A. Boyko

On March 17, 2011, 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 Kathleen B. Burke pursuant to Local Rule 72.2. On August 20, 2012, the Magistrate Judge recommended that Petitioner's application for habeas corpus be denied (Dkt. # 16).

FED. R. CIV.P. 72(b) provides that objections to a Report and Recommendation must be filed within fourteen 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 Burke's Report and Recommendation is ADOPTED and Petitioner's Writ of Habeas Corpus (Dkt.#1) is Denied. 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.

_________________

CHRISTOPHER A. BOYKO

UNITED STATES DISTRICT JUDGE


Summaries of

Lucas v. Tibbals

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION
Sep 10, 2012
Case No.5:11CR559 (N.D. Ohio Sep. 10, 2012)
Case details for

Lucas v. Tibbals

Case Details

Full title:JUSTIN LUCAS, Petitioner, v. TERRY A. TIBBALS, Warden, Respondent.

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

Date published: Sep 10, 2012

Citations

Case No.5:11CR559 (N.D. Ohio Sep. 10, 2012)