Phillips v. Warden, Lebanon Correctional Institution

Filing 12

ORDER adopting Report and Recommendations re 11 Report and Recommendation. the Petitioners 3 writ of habeas corpus pursuant to 28 U.S.C. § 2254 is DENIED with prejudice. Signed by Judge Michael R. Barrett on 11/27/13. (Attachments: # 1 Certified Mail Receipt) (ba1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
Dale Phillips,
Petitioner,
v.

Case No. 1:12cv302

Warden, Lebanon Correctional,
Institution,

Judge Michael R. Barrett

Respondent.

ORDER
This matter is before the Court on the Report and Recommendation filed by the
Magistrate Judge on November 4, 2013 (Doc. 11).
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. United States v. Walters, 638 F.2d 947 (6th Cir.
1981). No objections to the Magistrate Judge=s Report and Recommendation (Doc. 11) have
been filed.
Accordingly, it is ORDERED that the Report and Recommendation (Doc. 11) of the
Magistrate Judge is hereby ADOPTED. The Petitioner’s writ of habeas corpus pursuant to
28 U.S.C. § 2254 (Doc. 3) is DENIED with prejudice.
Any request for certificate of appealability consistent with the Report and
Recommendation (Doc. 11) by the Magistrate Judge or request to appeal in forma pauperis
would not be taken in good faith and would be denied.
IT IS SO ORDERED.
s/Michael R. Barrett
Michael R. Barrett
United States District Judge

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