Opinion
Case No. 1:18 CV 205
07-10-2019
Kenneth L. Black, II, Petitioner, v. Chae Harris, Warden, Respondent.
ORDER ADOPTING REPORT & RECOMMENDATION
In 2012, Petitioner pro se Kenneth Black was convicted of burglary, kidnapping, assault, and weapons charges (Doc. 11 at 2). After unsuccessful appeals in Ohio state court (id. at 3-6), Black petitioned this Court for a Writ of Habeas Corpus under 28 U.S.C. § 2254 (Doc. 1).
The Petition was automatically referred to Magistrate Judge Jonathan Greenberg under Local Civil Rule 72.2(b)(2); Warden Chae Harris answered (Doc. 7); Black filed a Traverse (Doc. 9); and Harris filed a Reply (Doc. 10). Judge Greenberg then issued a Report and Recommendation (R&R), concluding the Petition should be dismissed (Doc. 11 at 1).
This Court reviews de novo any portions of an R&R to which a party timely objects. 28 U.S.C. § 636(b)(1). Failure to timely object, however, waives district and appellate court review of the R&R. See Miller v. Currie, 50 F.3d 373, 380 (6th Cir. 1995); United States v. Walters, 638 F.2d 947, 950 (6th Cir. 1981). This waiver rule applies only if the parties are notified that failure to object results in waiver, see Walters, 638 F.2d at 950, and it has few exceptions, see Vanwinkle v. United States, 645 F.3d 365, 371 (6th Cir. 2011) (prevailing party exception); United States v. 1184 Drycreek, 174 F.3d 720, 725-26 (6th Cir. 1999) (miscarriage of justice exception).
The R&R notified the parties that failure to object would result in waiver (Doc. 11 at 25). Neither party has objected, and the deadline for objections has passed. This Court therefore adopts the R&R (Doc. 11) in its entirety. The Petition (Doc. 1) is dismissed. This Court certifies there is no basis upon which to issue a certificate of appealability, and an appeal from this Order could not be taken in good faith. 28 U.S.C. §§ 1915(a)(3), 2253(c)(2).
IT IS SO ORDERED.
s/ Jack Zouhary
JACK ZOUHARY
U. S. DISTRICT JUDGE
July 10, 2019