Opinion
CASE NO. 1:14-cv-00809
06-30-2015
DAJUAN EMERSON, Petitioner, v. BENNIE KELLY, Warden, Respondent,
OPINION & ORDER
[Resolving Docs. 1, 1 8]
:
Petitioner DaJuan Emerson seeks a writ of habeas corpus under 28 U.S.C. § 2254, alleging that his murder conviction in Ohio state court was based on DNA evidence obtained in violation of his Constitutional rights, and that his trial counsel was ineffective. On March 30, 2015, Magistrate Judge White recommended that the Court dismiss the petition. Neither party has filed an objection to Magistrate Judge White's Report and Recommentation ("R&R").
Doc. 1.
Doc. 18.
The Federal Magistrates Act requires a district court to conduct a de novo review only of those portions of a R&R to which a party has made an objection. Parties must file any objections to a R&R within fourteen days of service. Failure to object within that time waives a party's right to have the Court review the R&R. Absent objection, a district court may adopt the R&R without review.
Fed. R. Civ. P. 72(b)(2); LR 72.3(b).
LR 72.3(b); see Thomas v . Arn, 474 U.S. 140, 145 (1985); United States v . Walters, 638 F.2d 947, 949-50 (6th Cir. 1981).
See Thomas , 474 U.S. at 149.
In this case, neither party has objected to the R&R. Moreover, having conducted its own review of the record and the parties' briefing in this case, the Court agrees with the conclusions of Magistrate Judge White.
Accordingly, the Court ADOPTS in whole Magistrate Judge White's Report and Recommendation and incorporates it fully herein by reference. The Court DENIES Emerson's petition.
Moreover, the Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could not be taken in good faith, and 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: June 30, 2015
s/ James S. Gwin
JAMES S. GWIN
UNITED STATES DISTRICT JUDGE