Henson v. Warden, Lebanon Correctional Institution

Filing 44

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.)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION Derryck Henson, Petitioner, v. Case No. 1:12cv602 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 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 1

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