Quillen v. Warden, Marion Correctional Institution
Filing
19
ORDER adopting Report and Recommendation re 16 Report and Recommendation; Grounds 1-3 are transferred to the Court of Appeal for the 6th Circuit and Ground 4 is denied. Signed by Judge Michael R. Barrett on 11/16/15. (copy of this Order emailed to the Court of Appeals) (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
WESTERN DIVISION
Terrance Quillen,
Petitioner,
v.
Case No. 1:14cv170
Warden, Marion 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 October 26, 2015 (Doc. 16).
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 have been filed.
Accordingly, it is ORDERED that the Report and Recommendation (Doc. 16) of the
Magistrate Judge is hereby ADOPTED. Grounds One through Three of the petition for writ of
habeas corpus are TRANSFERRED to the United States Court of Appeals for the Sixth Circuit
and Ground Four is DENIED with prejudice.
Consistent with the recommendation by the Magistrate Judge, a certificate of
appealability shall not issue as the Court will certify that an appeal of this Order adopting this
Report and Recommendation would not be taken in "good faith" and would DENY petitioner
leave to appeal in forma pauperis.
IT IS SO ORDERED.
s/Michael R. Barrett
Michael R. Barrett
United States District Judge
1
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