UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

Troy Wigley,

Petitioner,

v. Case No. 1:21-cv-452

Warden, Texas State Prison, 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 August 23, 2021 (Doc. 4). 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,

(6th Cir. 1981). No objections to the Magistrate Judge=s R&R (Doc. 4) have been filed. Accordingly, it is ORDERED that the R&R (Doc. 4) of the Magistrate Judge is hereby ADOPTED. Consistent with the recommendation by the Magistrate Judge, this action should be DISMISSED without prejudice, pursuant to Fed. R. Civ. P. 41(a)(1)(A). IT IS SO ORDERED.

s/Michael R. Barrett Michael R. Barrett, Judge United States District Court

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