Opinion
Case No. 14-cv-10460-DT
01-25-2015
HANK YARBROUGH, Petitioner, v. MICHAEL EAGEN, Respondent.
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
This matter is before the court on Petitioner Hank Yarbrough's Petition for Writ of Habeas Corpus [ Dkt #1] and Respondent's Motion to Dismiss for Lack of Exhaustion. [Dkt #9]. The case was referred to United States Magistrate Judge Paul J. Komives pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72.1(b)(2).
The magistrate judge issued his report on November 17, 2014, recommending that this court deny Petitioner's Petition for Writ of Habeas Corpus, Deny a Certificate of Appealability and deny as moot the Motion to Dismiss for Lack of Exhaustion. No objections have been filed pursuant to 28 U.S.C. § 636(b)(1)(C), thus further appeal rights are waived. In addition, the failure to object to the magistrate judge's report releases the court from its duty to review independently the motion. Thomas v. Arn, 474 U.S. 140, 149 (1985). Therefore,
IT IS ORDERED that, for the reasons set forth in the Magistrate Judge's Report and Recommendation, the Petitioner's Application for Writ of Habeas Corpus [Dkt#1] is DENIED. The Respondent's Motion to Dismiss for Lack of Exhaustion [Dkt#9] is DENIED AS MOOT and a Certificate of Appealability is DENIED.
S/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
Dated: January 25, 2015 I hereby certify that a copy of the foregoing document was mailed to counsel of record on this date, January 25, 2015, by electronic and/or ordinary mail.
S/Lisa Wagner
Case Manager and Deputy Clerk
(313) 234-5522