Kerr v. Turner ( 2020 )

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION JEREMY KERR, ) CASE NO. 3:20CV1256 ) Petitioner, ) JUDGE CHRISTOPHER A. BOYKO ) vs. ) ) NEIL TURNER, Warden, ) MEMORANDUM OF ) OPINION AND ORDER Respondent. ) CHRISTOPHER A. BOYKO, J.: This matter is before on the court on Magistrate Judge Carmen E. Henderson’s Report and Recommendation (Doc. 6) to grant Respondent’s Motion to Transfer the Petition (Doc. 4) and to transfer the case to the Sixth Circuit pursuant to 28 U.S.C. § 2244(b) as a second or successive habeas petition. Objections to the Report and Recommendation were due by November 16, 2020. Petitioner has not filed an objection to the Report and Recommendation. Federal Rule of Civil Procedure 72(b) provides that objections to a report and recommendation must be filed within fourteen days after service. FED. R. CIV. P. 72(b)(2). Petitioner failed to timely file any such objection. Therefore, the Court must assume that Petitioner is satisfied with the Magistrate Judge’s recommendation. Any further review by this Court would be duplicative and an inefficient use of the Court’s limited resources. Thomas v. Arn, 474 U.S. 140, 155 (1985); United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981). Accordingly, the Court ADOPTS the Report and Recommendation of the Magistrate Judge; GRANTS Respondent’s Motion to Transfer (Doc. 4); and TRANSFERS the Petition to the Sixth Circuit pursuant to 28 U.S.C. § 2244(b). IT IS SO ORDERED. s/ Christopher A. Boyko CHRISTOPHER A. BOYKO Senior United States District Judge Dated: December 17, 2020