Daniels v. Warden, Madison Correctional Institution, No. 2:2017cv00037 - Document 18 (S.D. Ohio 2018)

Court Description: OPINION and ORDER adopting and affirming 17 the Report and Recommendation; granting 11 Respondent's Motion to Dismiss. Signed by Judge Michael H. Watson on 2/28/18. (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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Daniels v. Warden, Madison Correctional Institution Doc. 18 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION Charles Daniels, Case No. 2:17-cv-37 Petitioner, Judge Michael H. Watson V. Magistrate Judge Elizabeth P. Deavers Warden, Madison Correctional Institution, Respondent. OPINION AND ORDER On February 2,2018, the Magistrate Judge Issued an order and report and recommendation ("R&R") recommending that Respondent's motion to dismiss, EOF No. 11, be GRANTED, that this action be DISMISSED as barred by the one-year statute of limitations provided for under 28 U.S.C. § 2244(d), and denying Petitioner's motion for leave ordering an expansion of the record, EOF No. 12. EOF No. 17. Although the parties were advised of the right to file objections to the Magistrate Judge's R&R, and of the consequences of failing to do so, no objections have been filed. The R&R, EOF No. 17, is ADOPTED and AFFIRMED. Respondent's motion to dismiss, EOF No. 11, is GRANTED. Petitioner's motion for leave ordering an expansion of the record, EOF No. 12, is DENIED. This action is hereby DISMISSED. Petitioner has waived his right to appeal by failing to file objections. See Thomas v. Am, 474 U.S. 140 (1985); United States v. Walters, 638 F.2d 947 (6th Dockets.Justia.com Cir. 1981). Therefore, the Court DECLINES to issue a certificate of appeaiabiiity. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that the appeal would not be in good faith and that an application to proceed in forma pauperis on appeal should be DENIED. The Clerk Is DIRECTED to enter final JUDGMENT. IT IS SO ORDERED. MICHAEL H. WATSON, JUDGE UNITED STATES DISTRICT COURT

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