Turner v. Eberlin, No. 5:2007cv00819 - Document 37 (N.D. Ohio 2008)
Court Description: MEMORANDUM OPINION & ORDER Adopting Report and Recommendation in it's entirety. Petitioner's motion for leave to amend petition for a 2nd time is denied (doc #27) Petitioner's amended petition (doc #14) is denied in light of the 1/10/07 re-sentencing (doc #25). Judge Jack Zouhary on 12/16/08. (B,CJ)
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Turner v. Eberlin Doc. 37 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION James D. Turner, Case No. 5:07 CV 819 Petitioner, MEMORANDUM OPINION AND ORDER -vsJUDGE JACK ZOUHARY Michele Eberlin, Warden, Respondent. The Court has reviewed the Report and Recommendation of the Magistrate Judge filed October 10, 2008 in this matter. Under the relevant statute (28 U.S.C. § 636(b)(1)(C) (1982)): Within ten days after being served with a copy, any party may serve and file written objections to such proposed findings and recommendations as provided by rules of court. A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made. In this case, the ten-day period has elapsed and no objections have been filed. The failure to file written objections constitutes a waiver of a de novo determination by the district court of an issue covered in the report. United States v. Sullivan, 431 F.3d 976, 984 (2005). The Court adopts the Magistrate Judge’s Report and Recommendation (Doc. No. 35) in its entirety. Petitioner’s Motion for Leave to Amend Petition for a Second Time (Doc. No. 27) is denied, and Petitioner’s Amended Petition (Doc. No. 14) is denied as moot in light of the January 10, 2007 re-sentencing (Doc. No. 25, Exs. 15-16). IT IS SO ORDERED. s/ Jack Zouhary JACK ZOUHARY U. S. DISTRICT JUDGE December 16, 2008 Dockets.Justia.com
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