UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

Kent Smith,

Petitioner,

vs. Case No. 1:20-cv-00994

Warden, London Correctional Institution, Judge Michael R. Barrett

Respondent.

ORDER This matter is before the Court on the Magistrate Judge's August 9, 2021 Report and Recommendation ("R&R"). (Doc. 12). Proper notice has been given to the parties under

(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. (Doc. 12 PageID 46); United States v. Walters,

(6th Cir. 1981). Although objections were due to the Court by August 23, 2021, none have been filed. Accordingly, it is hereby ORDERED that the R&R (Doc. 12) is ADOPTED in full. Consistent with the recommendations by the Magistrate Judge, it is hereby ORDERED that (1) Petitioner's pro se petition for a writ of habeas corpus (Doc. 1) is DISMISSED without prejudice as premature; (2) Petitioner’s motion to stay the matter (Doc. 3) is DENIED as moot; (3) a certificate of appealability will not issue because Petitioner has not made a substantial showing of the denial of a constitutional right that is remediable at this juncture in this proceeding; and (4) the Court certifies that, with respect to any application by petitioner to proceed on appeal in forma pauperis, an appeal of this Order adopting the R&R would not be taken in good faith, and 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