Churchill v. Warden, Noble Correctional Institution

District Court, S.D. Ohio

Churchill v. Warden, Noble Correctional Institution

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION CRAIG W. CHURCHILL, CASE NO. 2:21-CV-00532 Petitioner, CHIEF JUDGE ALGENON L. MARBLEY Magistrate Judge Chelsey M. Vascura v. WARDEN, BELMONT CORRECTIONAL INSTITUTION, Respondent. ORDER On May 11, 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. (Doc. 8.) 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 (Doc. 8) is ADOPTED and AFFIRMED. This action is hereby DISMISSED. The Petitioner has waived the right to file an 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 ISSO ORDERED.

ALGENON □□□ MARBL CHIEF UNITED STATES DISTRICT JUDGE DATED: June 15, 2021

Reference

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