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Robert Sansom v. Margaret Bradshaw

October 26, 2011

ROBERT SANSOM,
PETITIONER,
v.
MARGARET BRADSHAW, WARDEN,
RESPONDENT.



The opinion of the court was delivered by: Judge Dan Aaron Polster

MEMORANDUM OF OPINION AND ORDER

Before the Court is the Report and Recommendation of Magistrate Judge Kenneth S. McHargh ("R & R") (Doc #. 27), which recommends that Petitioner's 28 U.S.C. § 2254 petition for writ of habeas corpus (Doc. # 1) be denied.

Under the relevant statute:

Within fourteen 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.

28 U.S.C. § 636(b)(1)(C) (emphasis added). A copy of the R&R was mailed to Petitioner on September 27. It is now October 26, and Petitioner has yet to file any written objection to the R&R.

The failure to timely file written objections to a Magistrate Judge's R&R constitutes a waiver of the right to obtain a de novo review of the R&R in the district court. Id.; United States v. Walters, 638 F.2d 947, 949 (6th Cir. 1981). The failure to file written objections also results in a waiver of the right to appeal. Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984), aff'd, 474 U.S. 140 (1985).

The Court has reviewed the Magistrate Judge's R&R thorough and well-written R & R. The Court agrees with the Magistrate Judge that Petitioner's claims are barred by the one-year statute of limitations. 28 U.S.C. § 2244(d)(1). Accordingly, the Court ADOPTS the Magistrate Judge's R&R (Doc. # 27) and DENIES the petition for writ of habeas corpus (Doc. # 1).

IT IS SO ORDERED.

Dan Aaron Polster United States District Judge

20111026

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