Jones v. Warden, Southern Ohio Correctional Facility, No. 2:2017cv00192 - Document 21 (S.D. Ohio 2018)

Court Description: OPINION and ORDER ADOPTING and AFFIRMING the REPORT AND RECOMMENDATION 20 in that this case is DISMISSED. The Court DECLINES to issue a Certificate of Appealability. Signed by Judge George C. Smith on 2/1/18. (sem)(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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Jones v. Warden, Southern Ohio Correctional Facility Doc. 21 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION DELSHJUAN JONES, a.k.a. Delshaun Jones, Petitioner, CASE NO. 2:17-CV-192 JUDGE GEORGE C. SMITH Magistrate Judge Vascura v. WARDEN, SOUTHERN OHIO CORRECTIONAL FACILITY, Respondent. OPINION AND ORDER On January 10, 2018, 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. 20). 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. 20) is ADOPTED and AFFIRMED. This action is hereby DISMISSED. Petitioner has failed to exercise his right to appeal by failing to file objections. See Thomas v. Arn, 474 U.S. 140 (1985); United States v. Walters, 638 F.2d 947 (6th Cir. 1981). Therefore, the Court DECLINES to issue a certificate of appealability. The Clerk is DIRECTED to enter final judgment. IT IS SO ORDERED. s/ George C. Smith__________________ GEORGE C. SMITH, JUDGE UNITED STATES DISTRICT COURT Dockets.Justia.com

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