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McClellan v. Mack

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION
Sep 25, 2012
CASE NO. 3:11CV1798 (N.D. Ohio Sep. 25, 2012)

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.

_________________

Dan Aaron Polster

United States District Judge


Summaries of

McClellan v. Mack

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION
Sep 25, 2012
CASE NO. 3:11CV1798 (N.D. Ohio Sep. 25, 2012)
Case details for

McClellan v. Mack

Case Details

Full title:JAMES L. MCCLELLAN, Petitioner, v. LAWRENCE MACK, Warden, Respondent.

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

Date published: Sep 25, 2012

Citations

CASE NO. 3:11CV1798 (N.D. Ohio Sep. 25, 2012)