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

MICHAEL D. SIMPSON, CASE NO. 2:19-CV-70 Petitioner, CHIEF JUDGE ALGENON L. MARBLEY Magistrate Judge Chelsey M. Vascura v.

TIM BUCHANAN, WARDEN,

Respondent.

ORDER

On October 1, 2019, the Magistrate Judge issued a Report and Recommendation recommending that the petition for a writ of habeas corpus pursuant to

be dismissed. (ECF No. 15.) 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. 15) is ADOPTED and AFFIRMED. This action is hereby DISMISSED. 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. s/Algenon L. Marbley____________ ALGENON L. MARBLEY United States Chief District Judge

DATED: November 14, 2019