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finding no cause for procedural default where the petitioner waited until three days before the filing deadline to provide the money for processing his mail
Summary of this case from Harden v. Frank B. BishopOpinion
CASE NO. 5:13 CV 1374
02-17-2015
JOHN ERIC MERRY, Petitioner, v. CHRISTOPHER LaROSE, Respondent.
ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND DISMISSING THE PETITIONER'S PETITION
This matter comes before the Court on United States Magistrate Judge James R. Knepp, II's Report and Recommendation advising that petitioner John Eric Merry's habeas petition be dismissed in its entirety. (Doc. 15). No timely objections have been filed. The Court, accordingly, adopts the Report and Recommendation as its own. Mr. Merry's habeas petition is dismissed.
Pursuant to 28 U.S.C. § 636(b)(1), this Court makes a de novo determination of those portions of the R&R to which a timely objection is made. "When no timely objection is filed, the court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation." Fed. R. Civ. P. 72(b) advisory committee's note. --------
IT IS SO ORDERED.
/s/_________
UNITED STATES DISTRICT JUDGE Date: February 17 2015