Campbell v. Green

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY CENTRAL DIVISION LEXINGTON AARON CAMPBELL, ) ) Petitioner, ) ) No. 5:20-CV-508-REW-HAI v. ) ) ORDER DAVID GREEN, ) ) Respondent. ) *** *** *** *** On December 21, 2020, pro se Petitioner Aaron Campbell filed a petition under 28 U.S.C. § 2254 for a Writ of Habeas Corpus. DE 1. Petitioner also filed a Motion for Leave to Proceed in forma pauperis. DE 2. Judge Ingram recommended the denial, without prejudice, of Petitioner’s Motion for Leave to Proceed in forma pauperis, based on Petitioner’s failure to file an affidavit including the necessary statements required under 28. U.S.C. § 1915 and Rule 3(a) of the Rules Governing Section 2254 Cases. DE 6 (Recommended Disposition). Judge Ingram expressly informed Campbell of his right to object to the recommendation and to secure de novo review from the undersigned. Id. at 2. The established, 14-day objection deadline has passed, and no party has objected. The Court is not required to “review . . . a magistrate [judge]’s factual or legal conclusions, under a de novo or any other standard, when neither party objects to those findings.” Thomas v. Arn, 106 S. Ct. 466, 472 (1985); see also United States v. Walters, 638 F.2d 947 , 949–50 (6th Cir. 1981) (holding that a failure to file objections to a magistrate judge’s recommendation waives the right to appellate review); 28 U.S.C. § 636 (b)(1) (limiting de novo review duty to “those portions” of the recommendation “to which objection is made”). “The law in this Circuit is clear” that a party who fails to object to a magistrate judge’s recommendation forfeits the right to appeal its adoption. United States v. Branch, 537 F.3d 582, 587 (6th Cir. 2008); see also United States v. White, 874 F.3d 490, 495 (6th Cir. 2017) (“When a party . . . fails to lodge a specific objection to a particular aspect of a magistrate judge’s report and recommendation, we consider that issue forfeited on appeal.”). Accordingly, the Court ORDERS as follows: 1. The Court ADOPTS Judge Ingram’s recommendation (DE 6); 2. The Court, for the reasons stated, DENIES Petitioner Campbell’s Motion for Leave to Proceed in forma pauperis (DE 2), without prejudice; 3. Petitioner Campbell must pay the $5.00 filing fee within 30 days of this Order or, alternatively, he may renew his motion by a corrected filing within that period. If he does neither, the case may be dismissed; and 4. The Clerk shall promptly send a copy of this Order to Petitioner Campbell. This the 12th day of January, 2021. SR Signed By: ay Robert E. Wier □□ “== United States District Judge