Jackson v. Noble ( 2021 )

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO ----------------------------------------------------------- : ZACHARY JACKSON, : : CASE NO. 1:18-cv-113 : Petitioner, : : vs. : OPINION AND ORDER : [Resolving Doc. 1] JEFFREY B. NOBLE, : Warden, London Correctional : Institution, : : Respondent. : : ------------------------------------------------------------ JAMES S. GWIN, UNITED STATES DISTRICT JUDGE: On January 16, 2018, Petitioner Zachary Jackson, an Ohio inmate serving an 11-year aggregate sentence for rape, domestic violence, burglary, aggravated burglary, and violating a protection order, petitioned this court for federal habeas corpus relief under 28 U.S.C. § 2254.1 Petitioner argued only that his convictions were against the manifest weight of the evidence.2 The Court referred the matter to Magistrate Judge David A. Ruiz. On September 15, 2020, Magistrate Judge Ruiz issued a Report and Recommendation (“R&R”) recommending Petitioner Jackson be denied § 2254 relief after finding that Petitioner Jackson’s manifest weight claim was based on state law and thus was not cognizable on federal habeas review.3 Alternatively, Magistrate Judge Ruiz construed Petitioner Jackson’s claim as a cognizable sufficiency of the evidence claim and rejected it 1 Doc. 1. 2 o n the merits.4 Objections to that R&R were due by September 29, 2020.5 Petitioner Jackson filed no objections. The Federal Magistrates Act requires a district court to conduct a review only of those portions of an R&R to which the parties have made an objection.6 Failure to timely object waives a party’s right to appeal the magistrate’s report.7 Where a party does not object to the R&R, a district court may adopt it without review.8 Additionally, this Court has examined the petition and the return and finds Jackson’s habeas petition fails. Accordingly, in light of Petitioner Jackson’s decision not to object to the R&R in this case, the Court ADOPTS Magistrate Judge Ruiz’s R&R, incorporates it as if fully restated herein, and DENIES Petitioner Jackson’s § 2254 habeas petition. IT IS SO ORDERED. Dated: February 17, 2021 JAMES S. GWIN UNITED STATES DISTRICT JUDGE 4 5 6 28 U.S.C. § 636(b)(1). 7 , 474 U.S. 140, 154 (1985); , 938 F.3d 821, 827 (6th Cir. 2019) 8 , 474 U.S. at 149–50