Opinion
Civil Action No. 12-CV-13114
07-10-2013
CLINTON WHEELER, Petitioner, v. LINDA TRIBLEY, Respondent.
HON. MARK A. GOLDSMITH
ORDER ADOPTING THE RECOMMENDATION CONTAINED IN THE
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION DATED JUNE 17,
2013 and DISMISSING THE HABEAS CORPUS PETITION AS TIME BARRED
This matter is presently before the Court on the Report and Recommendation (R&R) of Magistrate Judge Paul J. Komives, issued on June 17, 2013. In the R&R, the Magistrate Judge recommends that Petitioner's habeas corpus petition be dismissed as time barred and that the Court decline to issue a certificate of appealability.
The parties have not filed objections to the R&R, and the time to do so has expired. See Fed. R. Civ. P. 72(b)(2). The failure to file a timely objection to an R&R constitutes a waiver of the right to further judicial review. See Thomas v. Arn, 474 U.S. 140, 150 (1985) ("It does not appear that Congress intended to require district court review of a magistrate's factual or legal conclusions, under a de novo or any other standard, when neither party objects to those findings."); Smith v. Detroit Fed'n of Teachers, 829 F.2d 1370, 1373-4 (6th Cir. 1987) (failure to file objection to R&R "waived subsequent review of the matter"); Cephas v. Nash, 328 F.3d 98, 1078 (2d Cir. 2003) ("As a rule, a party's failure to object to any purported error or omission in a magistrate judge's report waives further judicial review of the point."); Lardie v. Birkett, 221 F. Supp. 2d 806, 807 (E.D. Mich. 2002) ("As to the parts of the report and recommendation to which no party has objected, the Court need not conduct a review by any standard."). There is some authority that a district court is required to review the R&R for clear error. See Fed. R. Civ. P. 72 Advisory Committee Note Subdivision (b) ("When no timely objection is filed, the court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation."). Therefore, the Court has reviewed the R&R for clear error. On the face of the record, the Court finds no clear error and adopts the recommendation.
Accordingly, for the reasons stated by the Magistrate Judge in the R&R, the habeas petition is dismissed as time barred and the Court declines to issue a certificate of appealability.
SO ORDERED. Dated: July 10, 2013
Flint, Michigan
______________________
MARK A. GOLDSMITH
United States District Judge
CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was served upon counsel of record and any unrepresented parties via the Court's ECF System to their respective email or First Class U.S. mail addresses disclosed on the Notice of Electronic Filing on July 10, 2013.
______________________
DEBORAH J. GOLTZ
Case Manager