Tucker v. Warden Belmont Correctional Institution

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION

William Tucker,

Petitioner, v. Case No. 1:20cv628

Warden, Belmont

Correctional Institution, Judge Michael R. Barrett Respondent.

ORDER

This matter is before the Court on the Report and Recommendation (“R&R”) filed by the Magistrate Judge on April 30, 2021 (Doc. 19).

Proper notice has been given to the parties under 28 U.S.C. ' 636(b)(1)(C), including notice that the parties would waive further appeal if they failed to file objections to the R&R in a timely manner. United States v. Walters, 638 F.2d 947 (6th Cir. 1981). No objections to the Magistrate Judge=s R&R (Doc. 19) have been filed.

Accordingly, it is ORDERED that the R&R (Doc. 19) of the Magistrate Judge is hereby ADOPTED. Consistent with the recommendation by the Magistrate Judge, the petition for a writ of habeas corpus (under 28 U.S.C. § 2254) by William Tucker is dismissed with prejudice as to all three grounds for relief. Because reasonable jurists would not disagree with this conclusion, Petitioner is denied a certificate of appealability. This Court certifies that any appeal to the United States Court of Appeals for the Sixth Circuit would be objectively frivolous and, accordingly, Petitioner is DENIED leave to appeal in forma pauperis.

IT IS SO ORDERED.

/s/ Michael R. Barrett

Michael R. Barrett, Judge

United States District Court