Graffius v. Forshey ( 2023 )

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO : ROBERT D. GRAFFIUS, : CASE NO. 4:20-cv-1475 : Petitioner, : OPINION & ORDER : [Resolving Doc. 1] v. : : WARDEN JAY FORSHEY, : : Respondent. : : JAMES S. GWIN, UNITED STATES DISTRICT COURT JUDGE: Petitioner Robert D. Graffius is currently serving eight years for rape. He brings this habeas corpus action under 28 U.S.C. § 2254.1 On May 25, 2023, Magistrate Judge Henderson filed a Report and Recommendation (“R & R”) recommending that the Court deny Graffius’s petition in its entirety and not grant him a certificate of appealability. Specifcially, Magistrate Judge Henderson found that Graffius has presented only procedurally defaulted and meritless claims. Graffius did not file an objection to the R & R. The Federal Magistrates Act requires district courts to conduct a de novo review only of objected-to portions of an R & R.2 Absent objection, district courts may adopt an R & R without review.3 So, the Court ADOPTS Magistrate Judge Henderson’s R & R and DENIES Graffius’s habeas corpus petition in its entirety and any associated certificate of appealability. 1 Doc. 1. 2 28 U.S.C. § 636(b)(1). 3 , 474 U.S. 140, 149–52 (1985). Failure to timely object may waive a party's right to appeal IT IS SO ORDERED. Dated: June 27, 2023 JAMES S. GWIN UNITED STATES DISTRICT JUDGE