Foster v. Warden, Toledo Correctional Institution

Filing 146

ORDER adopting Report and Recommendation re 145 Report and Recommendation denying 144 Motion for Reconsideration. Signed by Judge Michael R. Barrett on 2/18/20. (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
Christopher Foster,
Petitioner,
v.

Case No. 1:15cv713

Ronald Erdos, Warden,
Southern Ohio Correctional Facility,

Judge Michael R. Barrett

Respondent.
ORDER
This matter is before the Court on the Report and Recommendation (“R&R”) filed by the
Magistrate Judge on January 30, 2020 (Doc. 145).
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 R&R (Doc. 145) have been filed.
Accordingly, it is ORDERED that the R&R (Doc. 145) of the Magistrate Judge is
hereby ADOPTED. Consistent with the recommendation by the Magistrate Judge, Petitioner’s
Motion under 28 U.S.C. § 2244(d)(1)(B) (Doc. 144) is denied for lack of jurisdiction.
Any request for certificate of appealability or request to certify an appeal would not be
taken in good faith and would be denied.
IT IS SO ORDERED.
/s/ Michael R. Barrett
Michael R. Barrett, Judge
United States District Court
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