UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

Benjamin Wright,

Petitioner, Case No. 1:21cv726

v. Judge Michael R. Barrett

Warden, North Central Correctional Complex,

Respondent.

ORDER

This matter is before the Court on the Report and Recommendation (“R&R”) filed by the Magistrate Judge on September 26, 2022 (Doc. 20). Proper notice has been given to the parties under

(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,

(6th Cir. 1981). No objections to the Magistrate Judge’s R&R (Doc. 20) have been filed and the time to do so has expired. Accordingly, it is ORDERED that the R&R (Doc. 20) of the Magistrate Judge is hereby ADOPTED. Consistent with the recommendation by the Magistrate Judge, since Wright’s Petition was untimely filed, it is barred by

(d) and is DISMISSED with prejudice. The Petitioner is DENIED certificate of appealability and the Court hereby certifies to the United States Court of Appeals that an appeal would

1 be objectively frivolous and therefore should not be permitted to proceed in forma pauperis. IT IS SO ORDERED.

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

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