Smith v. United States, 2:14-CR-00127(13). (2020)
Court: District Court, S.D. Ohio
Number: infdco20200317591
Visitors: 22
Filed: Mar. 13, 2020
Latest Update: Mar. 13, 2020
Summary: ORDER ALGENON L. MARBLEY , Chief District Judge . On February 14, 2020, the Magistrate Judge issued a Report and Recommendation (R&R) recommending that Movant's motion to vacate under 28 U.S.C, 2255 be denied as time-barred. (EOF No. 1652.) Although the parties were advised of he right to object to the R&R, and of the consequences of failing to do so. No objections have been filed. The R&R (ECF No. 1652) is therefore, ADOPTED and AFFIRMED, This action is hereby DISMISSED. Pursua
Summary: ORDER ALGENON L. MARBLEY , Chief District Judge . On February 14, 2020, the Magistrate Judge issued a Report and Recommendation (R&R) recommending that Movant's motion to vacate under 28 U.S.C, 2255 be denied as time-barred. (EOF No. 1652.) Although the parties were advised of he right to object to the R&R, and of the consequences of failing to do so. No objections have been filed. The R&R (ECF No. 1652) is therefore, ADOPTED and AFFIRMED, This action is hereby DISMISSED. Pursuan..
More
ORDER
ALGENON L. MARBLEY, Chief District Judge.
On February 14, 2020, the Magistrate Judge issued a Report and Recommendation (R&R) recommending that Movant's motion to vacate under 28 U.S.C, § 2255 be denied as time-barred. (EOF No. 1652.) Although the parties were advised of he right to object to the R&R, and of the consequences of failing to do so. No objections have been filed. The R&R (ECF No. 1652) is therefore, ADOPTED and AFFIRMED, This action is hereby DISMISSED.
Pursuant to 28 U.S.C. § 2253(c)(1)(B) and Rule 11 of the Rules Governing Section 2255 Proceedings in the United States District Courts, the Court must determine whether to issue a certificate of appealability. Because Petitioner waived the right to file an appeal by failing to file objections to the R&R, see Thomas v. Arn, 474 U.S. 140, 147 (1985); United States v. Walters, 638 F.2d 947, 950 (6th Cir. 1981), the Court DECLINES to issue a certificate of appealability.
IT IS SO ORDERED.
Source: Leagle
