McCoy v. State of Ohio

District Court, S.D. Ohio

McCoy v. State of Ohio

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

CHARLES MCCOY,

: Petitioner,

Case No. 2:23-cv-2017

v. Judge Sarah D. Morrison

Magistrate Judge Kimberly A.

Jolson

STATE OF OHIO, :

Respondent.

ORDER On August 21, 2023, the Magistrate Judge issued a Report and Recommendation recommending that this matter be dismissed for lack of prosecution. (ECF No. 10.) Petitioner Charles McCoy was advised of the right to file objections to the Magistrate Judge’s Report and Recommendation, and of the consequences of failing to do so. (Id.) Although Mr. McCoy has since sent several letters to the Court, none is fairly considered an objection to the Report and Recommendation. (ECF Nos. 11–14.) The Report and Recommendation is ADOPTED and AFFIRMED. This action is DISMISSED. Petitioner has waived the right to appeal by failing to file objections. See Thomas v. Arn,

474 U.S. 140

(1985); United States v. Walters,

638 F.2d 947

(6th Cir. 1981). The Court therefore DECLINES to issue a certificate of appealability.

IT IS SO ORDERED. /s/ Sarah D. Morrison SARAH D. MORRISON UNITED STATES DISTRICT JUDGE

Reference

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