Opinion
4:21-cv-00331
01-24-2024
CLIFTON J. PANEZICH, Petitioner, v. KEITH J. FOLEY, Respondent.
ORDER [RESOLVING DOCS. 1, 17]
JAMES S. GWIN, UNITED STATES DISTRICT COURT JUDGE
Petitioner Clifton Panezich currently serves his five-year period of post-release control for various crimes related to a fraudulent scheme to sell fake sports memorabilia. He brings this habeas corpus action under 28 U.S.C. § 2254.
Doc. 1.
On January 5, 2024, Magistrate Judge Henderson filed a Report and Recommendation (R&R) recommending that the Court deny Panezich's habeas petition in its entirety and deny him a certificate of appealability.Specifically, Magistrate Judge Henderson found that all of Panezich's claims are either non-cognizable or fail on the merits.Petitioner did not file an objection to the R&R.
Doc. 17.
Id.
The Federal Magistrates Act requires direct courts to conduct a de novo review only of objected-to portions of an R&R. Absent objection, district courts may adopt an R&R without review.
Thomas v. Arn, 474 U.S. 140, 149-52 (1985). Failure to timely object may waive a party's right to appeal the district court's order adopting the R&R. Id. at 155; United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981).
So, the Court ADOPTS the R&R, DENIES Panezich's habeas petition in its entirety, and DENIES any associated certificate of appealability.
IT IS SO ORDERED.