Johnathan Barnes v. Warden, North Central Correctional Institution

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

FRANK JONATHAN BARNES,

CASE NO. 2:20-CV-4954

Petitioner, JUDGE JAMES L. GRAHAM

Magistrate Judge Kimberly A. Jolson v.

WARDEN, NORTH CENTRAL

CORRECTIONAL INSTITUTION,

Respondent.

ORDER

On March 16, 2021, the Magistrate Judge issued a Report and Recommendation recommending that the petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 be dismissed. 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. 12) 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, 474 U.S. 140 (1985); United States v. Walters, 638 F.2d 947 (6th Cir. 1981). The Court therefore DECLINES to issue a certificate of appealability.

IT IS SO ORDERED.

Date: April 12, 2021 _____s/James L. Graham_____

JAMES L. GRAHAM

United States District Judge