Collins v. State of Ohio

District Court, S.D. Ohio

Collins v. State of Ohio

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

Samuel W. Collins, Case No. 2:19-cv-3286 Petitioner, Judge Michael H. Watson Chief Magistrate Judge Elizabeth P. Deavers v. Ohio Adult Parole Authority, Respondent. OPINION AND ORDER On August 12, 2019, the Magistrate Judge issued a Report and Recommendation (“R&R”) recommending that the petition for a writ of habeas corpus be denied without prejudice as unexhausted and that this action be dismissed. ECF No. 2. Although the parties were advised of the 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. 2, is therefore, ADOPTED and AFFIRMED. The petition is hereby DENIED without prejudice, and this action is DISMISSED. Pursuant to

28 U.S.C. § 2253

(c)(1)(A) and Rule 11 of the Rules Governing Section 2254 Cases 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 Magistrate Judge’s recommendations, 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 1S SO ORDERED. | | MICHAEL H. WATSON, JUDGE UNITED STATES DISTRICT COURT

Case No. 2:19-cv-3286 Page 2 of 2

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