Gaona v. Warden Lebanon Correctional Institution, No. 2:2013cv01178 - Document 12 (S.D. Ohio 2014)
Court Description: ORDER ADOPTING REPORT AND RECOMMENDATIONS. This action is hereby DISMISSED. The Clerk shall enter FINAL JUDGMENT. Signed by Judge Algenon L. Marbley on 5/28/2014. (cw)
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Gaona v. Warden Lebanon Correctional Institution Doc. 12 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION GEORGE GAONA, Petitioner, CASE NO. 2:13-CV-1178 Judge Marbley Magistrate Judge King v. ERNIE MOORE, WARDEN, LEBANON CORRECTIONAL INSTITUTION, Respondent. ORDER On April 25, 2014, the United States Magistrate Judge recommended that this habeas corpus action under 28 U.S.C. ยง 2254 be dismissed as procedurally defaulted. Report and Recommendation, ECF 10. Although the to parties were advised of their right to object that recommendation and of the consequences of their failure to do so, there has nevertheless been no objection. The Report and Recommendation is hereby ADOPTED AND AFFIRMED. The claims asserted in this action have been procedurally defaulted. The action is therefore DISMISSED. The Clerk shall enter FINAL JUDGMENT. Moreover, the Court declines to issue a certificate of appealability. s/Algenon L. Marbley Algenon L. Marbley United States District Judge 1 Dockets.Justia.com
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