Opinion
CASE NO. 3:11CV1798
09-25-2012
JAMES L. MCCLELLAN, Petitioner, v. LAWRENCE MACK, Warden, Respondent.
JUDGE DAN AARON POLSTER
MEMORANDUM OF OPINION
AND ORDER
Before the Court is the Report and Recommendation of Magistrate Judge George J. Limbert ("R & R") (Doc. # 11). The R&R recommends that Petitioner James McClellan's 28 U.S.C. § 2254 petition for writ of habeas corpus (Doc. # 1) be dismissed for failure to prosecute. The deadline has long since passed for Petitioner to file written objections to the R&R. See 28 U.S.C. § 636(b)(1). Failure to file objections by the deadline constitutes a waiver of the right to obtain a de novo review of the R&R in the district court, United States v. Walters, 638 F.2d 947, 949 (6th Cir. 1981), and a waiver of the right to appeal. Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984), aff'd, 474 U.S. 140 (1985).
The Court has reviewed the Magistrate Judge's R&R and agrees that the petition should be dismissed without prejudice. Accordingly, the Court ADOPTS the Magistrate Judge's R&R (Doc. # 11) and DISMISSES the petition for writ of habeas corpus (Doc. # 1).
IT IS SO ORDERED.
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Dan Aaron Polster
United States District Judge