Coffey v. Warden, Warren Correctional Institution

Filing 9

ORDER adopting Report and Recommendation re 8 Report and Recommendation granting 6 Motion to Dismiss. Signed by Judge Michael R. Barrett on 1/6/17. (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 Jody Lee Coffey, Petitioner, v. Case No. 1:16cv353 Warden, Warren 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 December 5, 2016 (Doc. 8). 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 (Doc. 8) have been filed. Accordingly, it is ORDERED that the Report and Recommendation (Doc. 8) of the Magistrate Judge is hereby ADOPTED. Respondent’s Motion to Dismiss (Doc. 6) is GRANTED consistent with the recommendation by the Magistrate Judge. 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 United States District Judge 1

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