Unpublished Dispositionwalter Foster, Petitioner-appellant, v. R.c. Marshall, Supt., Respondent-appellee, 843 F.2d 1391 (6th Cir. 1988)

ORDER

This pro se Ohio prisoner appeals the district court's judgment dismissing his 28 U.S.C. § 2254 petition for a writ of habeas corpus. The case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the record and briefs, this panel unanimously agrees that oral argument is not needed. Fed. R. App. P. 34(a).

Upon review, we conclude the district court properly dismissed the petition.

Accordingly, for the reasons contained in the magistrate's report filed January 22, 1987, as adopted by the district court, the dismissal of the petition is hereby affirmed. Rule 9(b) (5), Rules of the Sixth Circuit. In addition, petitioner without explanation failed to make objections to the magistrate's report in a timely fashion. See United States v. Walters, 658 F.2d 947 (6th Cir. 1981); Thomas v. Arn, 106 S. Ct. 466, 88 L. Ed. 2d 435 (1985).