Shelby v. Warden Noble Correctional Institution

Filing 14

ORDER adopting Report and Recommendations re 11 Report and Recommendations. The Petition (Doc. 1) is DISMISSED WITH PREJUDICE because Petitioner has procedurally defaulted on his claims. Signed by Judge Michael R. Barrett on 8/20/2018. (mr)(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
Charles Shelby,
Petitioner,
v.

Case No. 1:17cv551

Warden, Noble
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 6, 2018 (Doc. 11).
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. 11) of
the Magistrate Judge is hereby ADOPTED. Consistent with the recommendation by
the Magistrate Judge, the Petition (Doc. 1) is DISMISSED WITH PREJUDICE because
Petitioner has procedurally defaulted on his claims. This matter is TERMINATED from
this Court's active docket.

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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

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