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Franks v. Bradley

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION
Nov 9, 2018
Case No. 5:18 CV 35 (N.D. Ohio Nov. 9, 2018)

Opinion

Case No. 5:18 CV 35

11-09-2018

Jerry Franks, Petitioner, v. Warden Charles Bradley, Respondent.


ORDER ADOPTING REPORT & RECOMMENDATION

Petitioner pro se Jerry Franks, a prisoner in state custody, filed a Petition seeking a writ of habeas corpus under 28 U.S.C. § 2254 (Doc. 1). This case was referred to Magistrate Judge James Knepp for a Report and Recommendation (R&R) under Local Rule 72.2. Respondent filed a Motion to Dismiss (Doc. 7). The R&R recommends this Court dismiss the Petition (Doc. 11). Petitioner has not filed an Objection.

Under 28 U.S.C. § 636(b)(1), this Court reviews de novo those portions of the R&R to which objections are made. Failure to file objections within the timeframe set forth in the statute constitutes a waiver of de novo review. See Thomas v. Arn, 474 U.S. 140 (1985); United States v. Sullivan, 431 F.3d 976, 984 (6th Cir. 2005). This Court has reviewed the R&R and finds it accurately states the facts and law. This Court therefore adopts the R&R in its entirety.

Accordingly, the Petition is dismissed.

IT IS SO ORDERED.

s/ Jack Zouhary

JACK ZOUHARY

U. S. DISTRICT JUDGE

November 9, 2018


Summaries of

Franks v. Bradley

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION
Nov 9, 2018
Case No. 5:18 CV 35 (N.D. Ohio Nov. 9, 2018)
Case details for

Franks v. Bradley

Case Details

Full title:Jerry Franks, Petitioner, v. Warden Charles Bradley, Respondent.

Court:UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION

Date published: Nov 9, 2018

Citations

Case No. 5:18 CV 35 (N.D. Ohio Nov. 9, 2018)

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