Warman v. Warden, London Correctional Institution

District Court, S.D. Ohio

Warman v. Warden, London Correctional Institution

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

Ryan J. Warman,

Petitioner,

v. Case No. 1:20cv291

Jenny Hildebrand, Warden, Judge Michael R. Barrett London Correctional Institution,

Respondent.

ORDER

This matter is before the Court on the Report and Recommendation (“R&R”) filed by the Magistrate Judge on September 7, 2022 (Doc. 22). Proper notice has been given to the parties under

28 U.S.C. § 636

(b)(1)(C), including notice that the parties may forfeit rights on 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. 22) have been filed and the time to do so has expired. Accordingly, it is ORDERED that the R&R (Doc. 22) of the Magistrate Judge is hereby ADOPTED. Consistent with the recommendation by the Magistrate Judge, the petition is DENIED and DISMISSED WITH PREJUDICE, and judgment shall be entered in favor of respondent and against petitioner. Because petitioner has not made a substantial showing of a denial of a constitutional right,

28 U.S.C. § 2254

(c)(3), and no reasonable jurist would disagree would this conclusion, petitioner is denied a certificate

1 of appealability and should not be permitted to proceed on appeal in forma pauperis.

IT IS SO ORDERED.

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

2

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