Opinion
CASE NUMBER: 11-15532
06-12-2013
DREW J. PELTOLA, Petitioner, v. THOMAS BIRKETT, et al., Respondent.
HONORABLE VICTORIA A. ROBERTS
Magistrate Judge Paul J. Komives
ORDER ADOPTING MAGISTRATE'S
REPORT AND RECOMMENDATION
On March 19, 2013, Magistrate Judge Paul J. Komives issued a Report and Recommendation (R & R) recommending that the Court deny Petitioner's application for writ of habeas corpus and deny Petitioner a certificate of appealability. Magistrate Judge Komives concluded that Petitioner failed to establish an ineffective of assistance of counsel claim under Strickland v. Washington, 466 U.S. 668, 687 (1984).
Under Fed. R. Civ. P. 72(b), a party must file objections to a Magistrate's R & R within fourteen (14) days after being served with a copy of the R & R. The district court must then review de novo any part of the Magistrate's recommendation that is properly objected to. Fed. R. Civ. P. 72(b)(3).
The time for filing objections to the R & R has passed; neither party objected. Aside from there being no objection, the Court twice made failed attempts to serve Petitioner with a copy of the R&R. On April 9, 2013, and again on April 26, 2013, the Court mailed Petitioner a copy of the Magistrate's R&R, each time the R&R was returned as undeliverable.
There are two grounds for dismissal: (1) adoption of the Magistrate's R&R which recommends dismissal and (2) failure to prosecute. See Thomas v. Arn, 474 U.S. 140, 149-50 (1985) (a district court need not review a magistrate judge's recommended disposition when no objections to that recommendation are filed).
Petitioner's claim is also dismissed for failure to prosecute; see also Watsy v. Richards, 816 F.2d 683, 1987 WL 37151, at *1 (6th Cir. 1987) (unpublished table decision) (affirming dismissal for failure to prosecute where appellant failed to provide district court with "current address necessary to enable communication with him").
The Court ADOPTS the R&R; Petitioner's application for writ of habeas corpus and certificate of appealability are DENIED. Petitioner's application is DISMISSED.
IT IS ORDERED.
_________________
Victoria A. Roberts
United States District Judge
The undersigned certifies that a copy of this document was served on the attorneys of record and Drew J. Peltola by electronic means or U.S. Mail on June 12, 2013. Linda Vertriest
Deputy Clerk