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

TIMOTHY A. HUBAL, JR., CASE NO. 2:19-CV-5262 Petitioner, JUDGE EDMUND A. SARGUS, JR. Magistrate Judge Kimberly A. Jolson Vv. WARDEN, BELMONT CORRECTIONAL INSTITUTION, et al., Respondents.

ORDER On December 10, 2019, the Magistrate Judge issued a Report and Recommendation (“R&R”) recommending that the petition for a writ of habeas corpus be dismissed. (ECF No. 2.) Although the parties were advised of the right to file objections to the R&R, and of the consequences of failing to do so, no objections have been filed. Therefore, the R&R (ECF No. 2) is ADOPTED and AFFIRMED. This action is hereby DISMISSED. Pursuant to

(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 has waived the right to file an appeal by failing to file objections to the R&R, see Thomas v. Arn,

(1985); United States v. Walters,

(6th Cir. 1981), the Court DECLINES to issue a certificate of appealability. IT IS SO ORDERED.

DATE ED A. SARGUS, JR. UNITED STATES DISTRICT JUDGE