Ryan C. Etherson-Tabb v. Warden, Southeast Correctional Institution

Summary

The United States District Court for the Southern District of Ohio adopted the Magistrate Judge’s Report and Recommendations after the petitioner failed to file timely objections. The court dismissed the habeas corpus petition with prejudice, denied a certificate of appealability, and denied leave to appeal in forma pauperis.

Holdings

1. When a habeas petitioner receives proper notice under Federal Rule of Civil Procedure 72(b) and fails to file timely objections, the district court may accept and adopt the magistrate judge's report and recommendations.
2. The petition for a writ of habeas corpus is dismissed with prejudice.
3. A certificate of appealability is denied because reasonable jurists would not disagree with the court's conclusion.
4. Petitioner is denied leave to appeal in forma pauperis because any appeal to the United States Court of Appeals for the Sixth Circuit would be objectively frivolous.

Questions Presented

1. Whether the district court should accept and adopt the magistrate judge's report and recommendations when the petitioner filed no timely objections.
2. Whether the federal habeas petition should be dismissed with prejudice.
3. Whether a certificate of appealability should be denied.
4. Whether petitioner should be denied leave to appeal in forma pauperis because any appeal would be objectively frivolous.

Disposition

dismissed