Timothy Titus v. Warden, Southern Ohio Correctional Facility

Summary

The United States District Court for the Southern District of Ohio adopted a Magistrate Judge’s Report and Recommendation recommending dismissal with prejudice of Timothy Titus’s petition for a writ of habeas corpus under 28 U.S.C. § 2241. Because no objections were filed, the court concluded that the petitioner waived appellate review and declined to issue a certificate of appealability.

Holdings

1. A party that fails to file objections to a magistrate judge's Report and Recommendation waives the right to appeal the matters addressed in the recommendation.
2. The Report and Recommendation was adopted and affirmed, and the habeas action was dismissed with prejudice.
3. The court declined to issue a certificate of appealability.

Questions Presented

1. Whether the court should adopt and affirm the magistrate judge's Report and Recommendation when no objections were filed.
2. Whether the § 2241 habeas petition should be dismissed with prejudice.
3. Whether the court should issue a certificate of appealability.

Disposition

dismissed