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Henness v. Warden, Chillicothe Correctional Institution, 2:14cv2580. (2018)

Court: District Court, S.D. Ohio Number: infdco20180426e46 Visitors: 1
Filed: Apr. 25, 2018
Latest Update: Apr. 25, 2018
Summary: ORDER MICHAEL R. BARRETT , District Judge . This matter is before the Court on the Report and Recommendation filed by the Magistrate Judge on April 6, 2018 (Doc. 62). Proper notice has been given to the parties under 28 U.S.C. 636(b)(1)(C), including notice that the parties would waive further appeal if they failed to file objections to the Report and Recommendation in a timely manner. United States v. Walters, 638 F.2d 947 (6th Cir. 1981). No objections to the Magistrate Judge's Re
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ORDER

This matter is before the Court on the Report and Recommendation filed by the Magistrate Judge on April 6, 2018 (Doc. 62).

Proper notice has been given to the parties under 28 U.S.C. § 636(b)(1)(C), including notice that the parties would waive further appeal if they failed to file objections to the Report and Recommendation in a timely manner. United States v. Walters, 638 F.2d 947 (6th Cir. 1981). No objections to the Magistrate Judge's Report and Recommendation have been filed.

Accordingly, it is ORDERED that the Report and Recommendation (Doc. 62) of the Magistrate Judge is hereby ADOPTED. Consistent with the recommendation by the Magistrate Judge, there is no jurisdiction to consider the merits of the Petition (Doc. 1) without the permission of the circuit court. Accordingly, the Petition (Doc. 1) is DISMISSED without prejudice for lack of jurisdiction.

Any request for certificate of appealability or request to certify an appeal would not be taken in good faith and would be denied.

IT IS SO ORDERED.

Source:  Leagle

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