Alls v. Warden Belmont Correctional Institution, 2:16-cv-1001. (2018)
Court: District Court, S.D. Ohio
Number: infdco20180205e52
Visitors: 1
Filed: Feb. 02, 2018
Latest Update: Feb. 02, 2018
Summary: OPINION AND ORDER MICHAEL H. WATSON , District Judge . On January 11, 2018, the Magistrate Judge issued a Report and Recommendation ("R&R") recommending that this action be dismissed as time-barred. R&R 6, ECF No. 13. Although the parties were advised of the right to object to the Magistrate Judge's R&R, and of the consequences of failing to do so, id. at 7, no objections have been filed. The R&R is therefore ADOPTED and AFFIRMED. This action is DISMISSED. Pursuant to 28 U.S.C.
Summary: OPINION AND ORDER MICHAEL H. WATSON , District Judge . On January 11, 2018, the Magistrate Judge issued a Report and Recommendation ("R&R") recommending that this action be dismissed as time-barred. R&R 6, ECF No. 13. Although the parties were advised of the right to object to the Magistrate Judge's R&R, and of the consequences of failing to do so, id. at 7, no objections have been filed. The R&R is therefore ADOPTED and AFFIRMED. This action is DISMISSED. Pursuant to 28 U.S.C. 2..
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OPINION AND ORDER
MICHAEL H. WATSON, District Judge.
On January 11, 2018, the Magistrate Judge issued a Report and Recommendation ("R&R") recommending that this action be dismissed as time-barred. R&R 6, ECF No. 13. Although the parties were advised of the right to object to the Magistrate Judge's R&R, and of the consequences of failing to do so, id. at 7, no objections have been filed. The R&R is therefore ADOPTED and AFFIRMED. This action is DISMISSED.
Pursuant to 28 U.S.C. § 2253(c)(1)(B), the Court must also assess whether to issue a certificate of appealability. Rule 11 of the Rules Governing Section 2255 Proceedings for the United States District Courts states that "[tjhe district court must issue or deny a certificate of appealability when it enters a final order adverse to the applicant." However, Petitioner has waived the right to file an appeal by failing to file objections to the Magistrate Judge's recommendations. See Thomas v. Am, 474 U.S. 140, 147 (1985); United States v. Walters, 638 F.2d 947, 950 (6th Cir. 1981). The Court therefore DECLINES to Issue a certificate of appealability.
IT IS SO ORDERED.
Source: Leagle
