Opinion
CASE NO. 5:17-cv-532
01-24-2019
JAMES WINCHESTER, Petitioner, v. MARY POTTER, Respondent.
OPINION & ORDER
[Resolving Doc. 4] :
On March 14, 2017, James Winchester filed a 28 U.S.C. § 2254 habeas petition. On August 13, 2018, Magistrate Judge James R. Knepp II recommended that the Court deny Winchester's petition because it was not timely filed.
Doc. 4. Respondent Potter returns the writ. Doc. 12. Petitioner Winchester files a traverse to the return of writ. Doc. 15. Respondent Potter surreplies. Doc. 16.
Doc. 17.
Any objections to Magistrate Judge Knepp's Report and Recommendation ("R&R") were due by August 27, 2018. Despite the Court granting Petitioner Winchester's motion for an extension of time to object, neither he nor Respondent Mary Potter filed an objection to the R&R.
Doc. 19.
The Federal Magistrates Act requires a district court to conduct a de novo review only of those portions of a R&R to which the parties have made an objection. Absent objection, a district court may adopt the R&R without review. Because no party has objected to the R&R, this Court may adopt the R&R without further review. Moreover, having conducted its own review of the petition and record, the Court agrees with the conclusions in the R&R.
Thomas v. Arn, 474 U.S. 140, 149-52 (1985). Failure to timely object waives a party's right to appeal the magistrate judge's R&R. Id. at 155; United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981).
Accordingly, the Court ADOPTS Magistrate Judge Knepp's R&R and incorporates it fully herein by reference. The Court DENIES Winchester's habeas petition. Furthermore, the Court certifies that no basis exists 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: January 24, 2019
s/ James S . Gwin
JAMES S. GWIN
UNITED STATES DISTRICT JUDGE