Koon v. Warden, Belmont Correctional Institution, No. 2:2018cv01373 - Document 6 (S.D. Ohio 2019)
Court Description: OPINION and ORDER adopting and affirming 5 the Report and Recommendation. This case is hereby TRANSFERRED to the Sixth Circuit as successive. Signed by Judge Michael H. Watson on 1/3/19. (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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Koon v. Warden, Belmont Correctional Institution Doc. 6 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION Brian C. Koon, Case No. 2:18-cv-1373 Petitioner, V. Belmont Correctional Judge Michael H. Watson Magistrate Judge Chelsey M. Vascura Center, Respondent. OPINION AND ORDER On December 3,2018, 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 transferred to the United States Court of Appeals for the Sixth Circuit as successive. ECF No. 5. Although the parties were advised of the right to file objections to the Magistrate Judge's Report and Recommendation, and of the consequences of falling to do so, no objections have been filed. The Report and Recommendation, ECF No. 5, Is ADOPTED and AFFIRMED. This case Is hereby TRANSFERRED to the Sixth Circuit as successive. Petitioner has waived his right to appeal by falling to file objections. See Thomas v. Am, 474 U.S. 140,142 (1985). Therefore, the Court DECLINES to Issue a certificate of appealablllty. IT IS SO ORDERED. ICHAEL H. WATSON, JUDGE UNITED STATES DISTRICT COURT Dockets.Justia.com
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