Lucky v. Warden North Central Correctional Institution

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATIONS. Signed by Judge George C Smith on 11-17-10. (ga)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

JEFFREY LUCKY, Petitioner, vs. Civil Action 2:09-CV-809 Judge Smith Magistrate Judge King

WARDEN EDWARD SHELDON, Respondent.

ORDER On October 19, 2010, the United States Magistrate Judge recommended that this action be dismissed as procedurally defaulted. Report and Recommendation, Doc. No. 12. Although the parties were

advised of their right to object to the recommendation and of the consequences of their failure to do so, there has nevertheless been no objection to the recommendation. The Report and Recommendation, doc. No. 12, is hereby ADOPTED AND AFFIMED. This action is hereby DISMISSED as procedurally default.

The Clerk shall enter FINAL JUDGMENT in this action.

s/George C. Smith George C. Smith, Judge United States District Court