Lee v. Warden, Chillicothe Correctional Institution, No. 2:2018cv00561 - Document 6 (S.D. Ohio 2018)
Court Description: OPINION AND ORDER adopting Report and Recommendations re 3 Report and Recommendations.. Signed by Judge James L. Graham on 7/10/2018. (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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Lee v. Warden, Chillicothe Correctional Institution Doc. 6 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION JALEN D. LEE, Case No. 2:18-cv-561 Judge James L. Graham Magistrate Judge Chelsey M. Vascura Petitioner, v. TIMOTHY SHOOP, WARDEN, CHILLICOTHE CORRECTIONAL INSTITUTION, Respondent. OPINION AND ORDER On June 8, 2018, the Magistrate Judge issued an Order and Report and Recommendation pursuant to Rule 4 of the Rules Governing Section 2254 Cases recommending that this action be dismissed without prejudice as unexhausted, and denying Petitioner’s request for the appointment of counsel. (ECF No. 3.) Although the parties were advised of the right to file objections to the Magistrate Judge’s Order and Report and Recommendation, and of the consequences of failing to do so, no objections have been filed. The Order and Report and Recommendation (ECF No. 3) is ADOPTED and AFFIRMED. This action is hereby DISMISSED. Petitioner has waived 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). The Court therefore DECLINES to issue a certificate of appealability. IT IS SO ORDERED. Date: July 10, 2018 __s/James L. Graham_____________ JAMES L. GRAHAM United States District Judge Dockets.Justia.com
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