Churchill v. Warden, Southeastern Correctional Complex, No. 2:2017cv00690 - Document 10 (S.D. Ohio 2017)

Court Description: OPINION AND ORDER adopting Report and Recommendations re 7 Report and Recommendations.. Signed by Judge James L. Graham on 12/1/2017. (ds)(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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Churchill v. Warden, Southeastern Correctional Complex Doc. 10 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION JOSEPH CHURCHILL, Petitioner, CASE NO. 2:17-CV-0690 JUDGE JAMES L. GRAHAM Magistrate Judge Kimberly A. Jolson v. WARDEN, SOUTHEASTERN CORRECTIONAL COMPLEX, Respondent. OPINION AND ORDER On October 5, 2017, the Magistrate Judge issued a Report and Recommendation pursuant to Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts recommending that this action be dismissed. (Doc. 7.) Although the parties were advised of the right to object to the Magistrate Judge’s Report and Recommendation, and of the consequences of failing to do so, and the Court provided Petitioner with an extension of time for the filing of objections, no objections have been filed. The Report and Recommendation (Doc. 7) is ADOPTED and AFFIRMED. This action is hereby DISMISSED. Petitioner has failed 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. IT IS SO ORDERED. Date: December 1, 2017 ________s/James L. Graham ______ JAMES L. GRAHAM United States District Judge