Turner v. Warden, Toledo Correctional Institution

Filing 13

ORDER ADOPTING and AFFIRMING REPORT AND RECOMMENDATION. This action is DISMISSED. Signed by Judge Algenon L. Marbley on 03/23/2009. (west1, )

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION DAMIEN M. TURNER, Petitioner, v. KEITH SMITH, Warden, Respondent. OPINION AND ORDER On February 13, 2009, the Magistrate Judge issued a Report and Recommendation recommending that the instant petition for a writ of habeas corpus pursuant to 28 U.S.C.§2254 be dismissed. Although the parties were advised of the right to object to the Magistrate Judge's Report and Recommendation, and of the consequences of failing to do so, no objections have been filed. The Report and Recommendation is ADOPTED and AFFIRMED. This action is hereby DISMISSED. IT IS SO ORDERED. s/Algenon L. Marbley ALGENON L. MARBLEY United States District Judge CASE NO. 2:08-CV-52 JUDGE MARBLEY MAGISTRATE JUDGE KING