Finley v. Warden, Warren Correctional Institution

Filing 6

ORDER adopting Report and Recommendation re 4 . This matter is dismissed without prejudice for lack of prosecution. Signed by Judge Sandra S Beckwith on 8/18/09. (mb)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION Thomas K. Finley, Petitioner v. Warden, Warren Correctional Institution, Respondent Case No. 1:09-cv-414 ORDER This matter is before the Court on the Magistrate Judge's Report and Recommendation filed July 27, 2009 (Doc. 4). Proper notice has been given to the parties under 28 U.S.C. § 636(b)(1)(C), including notice that the parties would waive further appeal if they failed to file objections to the Report and Recommendation in a timely manner. See United States v. Walters, 638 F.2d 947 (6th Cir. 1981). As of the date of this Order, no objections to the Magistrate Judge's Report and Recommendation have been filed. Having reviewed this matter de novo pursuant to 28 U.S.C. § 636, we find the Magistrate Judge's Report and Recommendation correct. Accordingly, it is ORDERED that the Report and Recommendation of the Magistrate Judge is hereby ADOPTED. This matter is DISMISSED without prejudice for lack of prosecution. Date: August 18, 2009 s/Sandra S. Beckwith Sandra S. Beckwith, Senior Judge United States District Court

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