Toyer v. Turner

Full title: CHARLES TOYER, Petitioner, v. NEIL TURNER, Warden, Respondent.

Court: UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO

Date published: Aug 17, 2016

CASE NO. 3:15-CV-1990 (N.D. Ohio Aug. 17, 2016)

Opinion

CASE NO. 3:15-CV-1990

08-17-2016

CHARLES TOYER, Petitioner, v. NEIL TURNER, Warden, Respondent.

JAMES S. GWIN, UNITED STATES DISTRICT JUDGE

OPINION & ORDER
[Resolving Docs. 1, 6] :

On September 25, 2015, Petitioner Charles Toyer filed a habeas corpus petition under 28 U.S.C. § 2254.¹ On June 30, 2016, Magistrate Judge Parker recommended that the Court dismiss Petitioner Toyer's petition as time-barred.² Objections to Magistrate Judge Parker's Report and Recommendation were due by July 14, 2016. Petitioner Toyer has not filed objections to the Report and Recommendation.

1 Doc. 1. Respondent moved to dismiss. Doc. 6.

2 Doc. 8.

The Federal Magistrates Act requires a district court to conduct a de novo review only of those portions of a Report and Recommendation to which the parties have made an objection.³ Absent objection, a district court may adopt the Report and Recommendation without review.⁴

3 28 U.S.C. § 636(b)(1).

4 Thomas v . Arn, 474 U.S. 140, 149 (1985); L.R. 72.3(b). --------

Because no party has objected to the Report and Recommendation, this Court may adopt the Report and Recommendation without further review. Moreover, having conducted its own review of the petition and record, the Court agrees with the conclusions in the Report and Recommendation.

Accordingly, the Court ADOPTS Magistrate Judge Parker's Report and Recommendation and incorporates it fully herein by reference. The Court DENIES Petitioner's habeas petition.

IT IS SO ORDERED. Dated: August 17, 2016

s/ James S . Gwin

JAMES S. GWIN

UNITED STATES DISTRICT JUDGE