Opinion
Case No. 3:20 cv 1481
02-01-2021
TERRANCE TAYLOR Petitioner, v. ED SHELTON, WARDEN Respondent.
ORDER
Before the Court is Report and Recommendation of Magistrate Judge Thomas M. Parker. ("R&R") ECF Doc. 10. The R&R recommends that the Court grant Warden Shelton's motion to transfer Taylor's petition for writ of habeas corpus to the Sixth Circuit Court of Appeals for a determination of whether he should be permitted to file a second or successive petition. ECF Doc. 7. The R&R was filed on January 12, 2021. To date, no objections to the R&R have been filed.
28 U.S.C. § 636(b)(1) provides:
Within fourteen days after being served with a copy, any party may serve and file written objections to such proposed findings and recommendations as provided by the rules of court. A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendation to which objection is made.The failure to timely file written objections to a magistrate's R&R 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, 949-50 (6th Cir. 1981); Thomas v. Arn, 474 U.S. 140, 149-50 (1985). The failure to file written objections also results in a waiver of the right to appeal. Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984), aff'd, 474 U.S. 140 (1985).
Here, the time for objection has passed and no objections have been filed. The Court has reviewed the magistrate's R & R and agrees that Warden Shelton's motion to transfer Taylor's petition (ECF Doc. 7) should be granted. Accordingly, the Court ADOPTS the R & R (ECF Doc. 10) in full, transfers this case to the Sixth Circuit Court of Appeal for a determination pursuant to 28 U.S.C. § 2244(b)(3)(A), and closes the case pursuant to said transfer.
IT IS SO ORDERED. Dated: February 1, 2021
s/Dan Aaron Polster
United States District Judge