Henson v. Warden, Lebanon Correctional Institution
ORDER adopting Report and Recommendation re 41 Report and Recommendation denying certificate of appealability. Signed by Judge Michael R. Barrett on 10/18/17. (ba)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
Case No. 1:12cv602
Warden, Lebanon Correctional
Judge Michael R. Barrett
This matter is before the Court on the Report and Recommendation filed by the
Magistrate Judge on September 19, 2017 (Doc. 41).
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). Plaintiff filed objections to the Report and Recommendation.
(Doc. 42). However, his objections were properly stricken by the Magistrate Judge as
untimely. (Doc. 43).
Accordingly, it is ORDERED that the Report and Recommendation (Doc. 41) of
the Magistrate Judge is hereby ADOPTED. A certificate of appealability consistent with
the recommendation by the Magistrate Judge is DENIED.
IT IS SO ORDERED.
s/Michael R. Barrett
Michael R. Barrett
United States District Judge
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