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Triplett v. Tibbals

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION
Feb 9, 2015
Case No. 1:13cv1285 (N.D. Ohio Feb. 9, 2015)

Opinion

Case No. 1:13cv1285

02-09-2015

WALTER TRIPLETT, Petitioner, v. TERRY TIBBALS, Respondent.


ORDER

On June 11, 2013, Petitioner filed a pro se Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (Dkt. #1). The case was referred to Magistrate Judge William H. Baughman, Jr., pursuant to Local Rule 72.2. On January 9, 2015, the Magistrate Judge recommended that Petitioner's Application for Habeas Corpus be dismissed in part and denied in part (Dkt. # 14).

FED. R. CIV.P. 72(b) provides that objections to a Report and Recommendation must be filed within fourteen days after service, but Petitioner has failed to timely file any such objections. Therefore, the Court must assume that Petitioner is satisfied with the Magistrate Judge's recommendation. Any further review by this Court would be a duplicative and inefficient use of the Court's limited resources. Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984), aff'd, 474 U.S. 140 (1985); Howard v. Secretary of Health and Human Services, 932 F.2d 505 (6th Cir. 1991); United States v. Walters, 638 F.2d 947 (6th Cir.1981).

Therefore, Magistrate Judge Baughman's Report and Recommendation is ADOPTED and Petitioner's Writ of Habeas Corpus (Dkt.#1) is DISMISSED IN PART AND DENIED IN PART.

Furthermore, the Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could not be taken in good faith, and that there is no basis upon which to issue a certificate of appealability. 28 U.S.C. §2253(c); Fed. R. App. P. 22(b).

IT IS SO ORDERED.

Dated: 2/9/2015

S/Christopher A. Boyko

CHRISTOPHER A. BOYKO

UNITED STATES DISTRICT JUDGE


Summaries of

Triplett v. Tibbals

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION
Feb 9, 2015
Case No. 1:13cv1285 (N.D. Ohio Feb. 9, 2015)
Case details for

Triplett v. Tibbals

Case Details

Full title:WALTER TRIPLETT, Petitioner, v. TERRY TIBBALS, Respondent.

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

Date published: Feb 9, 2015

Citations

Case No. 1:13cv1285 (N.D. Ohio Feb. 9, 2015)