Clark v. Warden, Warren Correctional Institution

District Court, S.D. Ohio

Clark v. Warden, Warren Correctional Institution

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

Terry Clark,

Petitioner,

v. Case No. 1:18cv263

Warden, Warren Correctional Institution, Judge Michael R. Barrett

Respondent.

ORDER

This matter is before the Court on the Report and Recommendation (“R&R”) filed by the Magistrate Judge on February 1, 2019 (Doc. 17). 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 R&R (Doc. X) have been filed. Accordingly, it is ORDERED that the R&R (Doc. 17) of the Magistrate Judge is hereby ADOPTED. Consistent with the recommendation by the Magistrate Judge, the Respondent's Motion to Dismiss (Doc. 7) is GRANTED and Petitioner's petition for a writ of habeas corpus pursuant to

28 U.S.C. § 2254

(Doc. 3) is DISMISSED with prejudice; and Petitioner's Motions to Amend (Doc. 5) and to Stay Proceedings (Doc. 14) are DENIED.

1 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.

s/Michael R. Barrett Michael R. Barrett, Judge United States District Court

2

Reference

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