IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

RODNEY M. CONLEY, CASE NO. 2:19-CV-3500 Petitioner, JUDGE JAMES L. GRAHAM Magistrate Judge Chelsey M. Vascura v.

CHAE HARRIS, WARDEN, LEBANON CORRECTIONAL INST.,

Respondent.

ORDER

On September 20, 2019, the Magistrate Judge issued a Report and Recommendation pursuant to Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts recommending that the petition for a writ of habeas corpus be transferred to the United States Court of Appeals for the Sixth Circuit as successive. (ECF No. 3.) Although the parties were advised of the right to file objections to the Magistrate Judge’s Report and Recommendation, and of the consequences of failing to do so, no objections have been filed. The Report and Recommendation (ECF No. 3) is ADOPTED and AFFIRMED. This action hereby is TRANSFERRED to the Sixth Circuit as successive. Petitioner has waived the right to appeal by failing to file objections. See Thomas v. Arn,

(1985); United States v. Walters,

(6th Cir. 1981). Therefore, the Court DECLINES to issue a certificate of appealability. IT IS SO ORDERED. Date: October 16, 2019 ____s/James L. Graham_____________ JAMES L. GRAHAM United States District Judge