Huge v. Warden, Lebanon Correctional Institution
Filing
18
ORDER adopting Report and Recommendation re 16 Report and Recommendation denying 12 Motion to Dismiss. Signed by Judge Michael R. Barrett on 9/1/15. (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
Thomas Huge,
Petitioner,
v.
Case No. 1:15cv061
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 July 28, 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. Respondent’s Motion to Dismiss (Doc. 12) is DENIED.
A certificate of appealability will not be granted consistent with the Recommendation
(Doc. 16) by the Magistate Judge. so that the Petitioner can exhaust his available state court
remedies. Also, pursuant to 28 U.S.C. § 1915(a)(3), any 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
1
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?