Cook v. Warden Noble Correctional Institution, No. 2:2020cv03639 - Document 4 (S.D. Ohio 2020)
Court Description: OPINION AND ORDER ADOPTING AND AFFIRMING REPORT AND RECOMMENDATION. This action is DISMISSED for the reasons stated in the Report and Recommendation. The Court DECLINES to issue a certificate of appealability. Signed by Judge Sarah D. Morrison on 8/13/2020. (tb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Cook v. Warden Noble Correctional Institution Doc. 4 Case: 2:20-cv-03639-SDM-KAJ Doc #: 4 Filed: 08/13/20 Page: 1 of 1 PAGEID #: 54 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION MICHAEL L. COOK, CASE NO. 2:20-CV-3639 JUDGE SARAH D. MORRISON Magistrate Judge Kimberly A. Jolson Petitioner, v. WARDEN, NOBLE CORRECTIONAL INSTITUTION, Respondent. OPINION AND ORDER On July 24, 2020, the Magistrate Judge issued a Report and Recommendation recommending that the petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 be dismissed. (ECF No. 3.) Although the parties were advised of the right to file objections to the Magistrate Judge’s Report and Recommendation and of the consequences of failing to do so, no objections have been filed. The Report and Recommendation (ECF No. 3) is ADOPTED and AFFIRMED. This action is hereby DISMISSED for the reasons stated in the Report and Recommendation. Petitioner has waived his right to appeal by failing to file objections. See Thomas v. Arn, 474 U.S. 140, 142 (1985); United States v. Walters, 638 F.2d 947, 949–50 (6th Cir. 1981). Therefore, the Court DECLINES to issue a certificate of appealability. IT IS SO ORDERED. /s/ Sarah D. Morrison SARAH D. MORRISON UNITED STATES DISTRICT JUDGE Dockets.Justia.com
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