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Turnbow v. Bagley

United States District Court, N.D. Ohio, Eastern Division
Dec 7, 2009
CASE NO. 5:08CV725 (N.D. Ohio Dec. 7, 2009)

Opinion

CASE NO. 5:08CV725.

December 7, 2009


ORDER


This matter is before the Court upon a petition for a writ of habeas corpus filed by Mark S. Turnbow ("Petitioner"), pursuant to 28 U.S.C. § 2254. (Dkt. # 1).

On May 19, 2008, this case was automatically referred to Magistrate Judge Kenneth S. McHargh for preparation of a Report and Recommendation, pursuant to Local Rule 72.2. On October 27, 2009, the Magistrate Judge issued a Report and Recommendation, recommending that the Court deny the instant petition because Petitioner failed to demonstrate that the state court decisions involved an unreasonable application of clearly established federal law. (Dkt. # 11).

FED. R. CIV.P. 72(b) provides that objections to a report and recommendation must be filed within ten (10) days after service, but Plaintiff has failed to timely file any such objections. Therefore, the Court must assume that Plaintiff is satisfied with the Magistrate Judge's recommendation. Any further review by this Court would be a duplicative and an 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, the Report and Recommendation of Magistrate Judge McHargh (Dkt. # 11) is hereby ADOPTED. Petitioner's Habeas Corpus Petition is DENIED and the case is DISMISSED in its entirety with prejudice. (Dkt. # 1).

IT IS SO ORDERED.


Summaries of

Turnbow v. Bagley

United States District Court, N.D. Ohio, Eastern Division
Dec 7, 2009
CASE NO. 5:08CV725 (N.D. Ohio Dec. 7, 2009)
Case details for

Turnbow v. Bagley

Case Details

Full title:MARK S. TURNBOW, PETITIONER, v. MARGARET BAGLEY, Warden, RESPONDENT

Court:United States District Court, N.D. Ohio, Eastern Division

Date published: Dec 7, 2009

Citations

CASE NO. 5:08CV725 (N.D. Ohio Dec. 7, 2009)

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