Zeigler v. Warden, Lebanon Correctional Institution

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION Sean Zeigler, Petitioner, v. Case No. 1:18cv580 Warden, Lebanon Correctional Institution, Respondent.

ORDER This matter is before the Court on the Report and Recommendation (“R&R”) filed by the Magistrate Judge on July 12, 2023 (Doc. 33).

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. 33) have been filed and the time to do so has expired.

Accordingly, it is ORDERED that the R&R (Doc. 33) of the Magistrate Judge is hereby ADOPTED. Consistent with the recommendation by the Magistrate Judge, Petitioner’s Motion for Relief of Judgment (Doc. 32) is DENIED. Moreover, Petitioner is denied a certificate of appealability, because reasonable jurists would not disagree with the Court's conclusion, and Petitioner shall not be granted leave to appeal in forma pauperis, as the Court certifies that any appeal would be objectively frivolous.

IT IS SO ORDERED.

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