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Smith v. U.S., 2:14-cr-176. (2018)

Court: District Court, S.D. Ohio Number: infdco20180906d97 Visitors: 56
Filed: Sep. 05, 2018
Latest Update: Sep. 05, 2018
Summary: OPINION AND ORDER MICHAEL H. WATSON , District Judge . On June 11, 2018, the Magistrate Judge issued a Report and Recommendation ("R&R") recommending that the Motion to Vacate under 28 U.S.C. 2255 be dismissed. EOF No. 132. Although the parties were advised of the right to file objections to the Magistrate Judge's R&R, and of the consequences of failing to do so, no objections have been filed. The R&R, EOF No. 132, is ADOPTED and AFFIRMED . The Motion to Vacate under 28 U.S.C. 2255
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OPINION AND ORDER

On June 11, 2018, the Magistrate Judge issued a Report and Recommendation ("R&R") recommending that the Motion to Vacate under 28 U.S.C. § 2255 be dismissed. EOF No. 132. Although the parties were advised of the right to file objections to the Magistrate Judge's R&R, and of the consequences of failing to do so, no objections have been filed.

The R&R, EOF No. 132, is ADOPTED and AFFIRMED. The Motion to Vacate under 28 U.S.C. § 2255, EOF No. 115, is hereby DISMISSED.

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

IT IS SO ORDERED.

Source:  Leagle

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