Alls v. Warden Belmont Correctional Institution, No. 2:2016cv01001 - Document 14 (S.D. Ohio 2018)
Court Description: OPINION and ORDER adopting and affirming 13 the Report and Recommendation. Signed by Judge Michael H. Watson on 2/2/18. (jk) (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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Alls v. Warden Belmont Correctional Institution Doc. 14 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION James Alls, Civil Case No. 2:16-cv-1001 Petitioner, Judge Michael H. Watson Magistrate Judge Deavers V. Warden Belmont Correctional Institution, Respondent. OPINION AND ORDER On January 11,2018, the Magistrate Judge issued a Report and Recommendation ("R&R") recommending that this action be dismissed as timebarred. R&R 6, EOF No. 13. Although the parties were advised of the right to object to the Magistrate Judge's R&R, and of the consequences of failing to do so, id. at 7, no objections have been filed. The R&R is therefore ADOPTED and AFFIRMED. This action is DISMISSED. Pursuant to 28 U.S.C. ยง 2253(c)(1 )(B), the Court must also assess whether to issue a certificate of appealability. Rule 11 of the Rules Goveming Section 2255 Proceedings for the United States District Courts states that "[tjhe district court must issue or deny a certificate of appealability when it enters a final order adverse to the applicant." However, Petitioner has waived the right to file an appeal by failing to file objections to the Magistrate Judge's Dockets.Justia.com recommendations. See Thomas v. Am, 474 U.S. 140,147 (1985); United States V. Walters, 638 F. 2d 947, 950 (6th Cir. 1981). The Court therefore DECLINES to Issue a certificate of appealablllty. IT IS SO ORDERED. nCHAEL H. WATSON, JUDGE UNITED STATES DISTRICT COURT
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