Opinion
CASE NO. 3:14-CV-1325
11-23-2015
TIMOTHY L. NEWMAN, Petitioner, v. JASON BUNTING, Warden, Respondent.
OPINION & ORDER
[Resolving Doc. 1]
:
Petitioner Timothy Newman seeks a writ of habeas corpus under 28 U.S.C. § 2254. On October 28, 2015, Magistrate Judge Knepp recommended that this Court dismiss the petition. Neither party objected to Magistrate Judge Knepp's Report and Recommendation ("R&R").
Doc. 1. Responded filed a return of writ. Doc. 5. Petitioner Replied. Doc. 7.
Doc. 8.
The Federal Magistrates Act requires a district court to conduct a de novo review only of those portions of a R&R to which a party has made an objection. Parties must file any objections to a R&R within fourteen days of service. Failure to object within that time waives a party's right to have the Court review the R&R. Absent objection, a district court may adopt the R&R without review.
Fed. R. Civ. P. 72(b)(2); LR 72.3(b).
LR 72.3(b); see Thomas v . Arn, 474 U.S. 140, 145 (1985); United States v . Walters, 638 F.2d 947, 949-50 (6th Cir. 1981).
See Thomas , 474 U.S. at 149.
In this case, neither party has objected to the R&R. Moreover, having conducted its own review of the record and the parties' briefing in this case, this Court agrees with the conclusions of Magistrate Judge Knepp.
Accordingly, the Court ADOPTS in whole Magistrate Judge Knepp's Report and Recommendation and incorporates it fully herein by reference. The Court DISMISSES WITH PREJUDICE Banks' petition. Moreover, the Court certifies that an appeal from this decision could not be taken in good faith and that no basis exists upon which to issue a certificate of appealability under 28 U.S.C. § 1915(a)(3).
28 U.S.C. § 2253(c); Fed. R. App. P. 22(b). --------
IT IS SO ORDERED. Dated: November 23, 2015
s/ James S. Gwin
JAMES S. GWIN
UNITED STATES DISTRICT JUDGE