Kiser v. Wainwright

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF OHIO

WESTERN DIVISION

Julian Kiser, Case No. 3:18 CV 2347

Petitioner, ORDER AGAIN ADOPTING

REPORT AND RECOMMENDATION -vs-

JUDGE JACK ZOUHARY

Warden Lyneal Wainwright,

Respondent.

On November 3, 2020, Magistrate Judge Kathleen Burke issued a Report and Recommendation (“R&R”), recommending this Court dismiss Kiser’s Petition (Doc. 10). After receiving no objection by the the fourteen-day deadline, this Court adopted the R&R on November (Doc. 11). On December 1, this Court received Kiser’s request for an extension of time to file his objections (Doc. 13). It is dated November 16 (id. at 3), but was not mailed until November 19 (Doc. 13-1). This Court then gave Kiser until January 15, 2021 to file any objections, and granted a subsequent request for additional time. Kiser’s objections were due March 15, 2021 (Doc. 16). No objection has been filed, meaning Kiser has waived review of the R&R. See Miller v. Currie, 50 F.3d 373, 380 (6th Cir. 1995). This Court again adopts the R&R (Doc. 10) in its entirety.

The Petition (Doc. 3) is dismissed. There is no basis upon which to issue a certificate of appealability. See 28 U.S.C. § 2253(c)(2). Further, an appeal from this Order could not be taken in good faith. See 28 U.S.C. § 1915(a)(3).

IT IS SO ORDERED. s/ Jack Zouhary

JACK ZOUHARY

U. S. DISTRICT JUDGE