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Wei Tong v. Attorney General, 2:17-CV-1004. (2018)

Court: District Court, S.D. Ohio Number: infdco20180109c09 Visitors: 9
Filed: Jan. 08, 2018
Latest Update: Jan. 08, 2018
Summary: OPINION AND ORDER GEORGE C. SMITH , District Judge . On December 19, 2017, the Magistrate Judge issued a Report and Recommendation recommending that Respondent's Motion to Dismiss for Lack of Jurisdiction (ECF No. 4) be granted and that the petition for a writ of habeas corpus be dismissed as moot. (ECF No. 5.) Although the parties were advised of the right to object to the Magistrate Judge's Report and Recommendation, and of the consequences of failing to do so, no objections have b
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OPINION AND ORDER

On December 19, 2017, the Magistrate Judge issued a Report and Recommendation recommending that Respondent's Motion to Dismiss for Lack of Jurisdiction (ECF No. 4) be granted and that the petition for a writ of habeas corpus be dismissed as moot. (ECF No. 5.) Although the parties were advised of the right to object to the Magistrate Judge's Report and Recommendation, and of the consequences of failing to do so, no objections have been filed.

The Report and Recommendation (ECF No. 5) is ADOPTED and AFFIRMED. The Motion to Dismiss for Lack of Jurisdiction (ECF No. 4) is GRANTED. This action is hereby DISMISSED.

Petitioner has failed his right to appeal by failing to file objections. See Thomas v. Arn, 474 U.S. 140 (1985); United States v. Walters, 638 F.2d 947 (6th Cir. 1981). Therefore, the Court DECLINES to issue a certificate of appealability.

The Clerk is DIRECTED to enter final JUDGMENT of dismissal.

IT IS SO ORDERED.

Source:  Leagle

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