Wilcox v. Warden, Toledo Correctional Institution, No. 2:2017cv00604 - Document 5 (S.D. Ohio 2017)

Court Description: OPINION AND ORDER ADOPTING 4 Report and Recommendation, TRANSFERRING 1 PETITION for Writ of Habeas Corpus to the United States Court of Appeals for the Sixth Circuit as successive. Signed by Judge Michael H. Watson on 8/21/2017. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
Download PDF
Wilcox v. Warden, Toledo Correctional Institution Doc. 5 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION f ' .. _ . ..Hi\RD i1. fRV OF C: ·, 1 • I · -:1 I ' ZO I7AUG 2 I PM 3: 2 I TOBY D. WILCOX, Petitioner, .... 'LEr·· ,,,,... ...... : ; :, ;•, ';": I •• ,Jj.) ... ,. ' .· . . '· CASE No • 2 : 17-cv-604 .:·c;urHE-1·'•; 11.J I . ·;:1"1"-; •If lJ. 10 JUDGE MICHAEL H. WATSOffl DIV. C()t dMBIJS Magistrate Judge Kimberly A. Jolson · v. TOLEDO CORRECTIONAL INSTITUTION, Respondent. OPINION AND ORDER On August 1, 2017, the Magistrate Judge issued a Report and Recommendation ("R&R") pursuant to Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts recommending that the petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 be transferred to the United States Court of Appeals for the Sixth Circuit as successive. ECF No. 4. 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, ECF No. 4, is ADOPTED and AFFIRMED. The Petition is TRANSFERRED to the United States Court of Appeals for the Sixth Circuit as successive. Pursuant to Rule 11 of the Rules Governing Section 2254 Cases in the United States District Courts, the Court now considers whether to issue a Dockets.Justia.com certificate of appealabilty. However, Petitioner has waived the right to appeal by failing to file objections to the Magistrate Judge's R&R. See Thomas v. Arn, 474 U.S. 140 (1985); United States v. Walters, 638 F.2d 947 (6th Cir. 1981). The Court therefore DECLINES to issue a certificate of appealability. IT IS SO ORDERED. UNITED STATES DISTRICT COURT Case No. 2:17-cv-604 Page 2 of 2