Henness v. Warden Chillicothe Correctional Institution

Filing 63

ORDER adopting Report and Recommendation re 62 Report and Recommendation dismissing 1 Petition for lack of jurisdiction. Signed by Judge Michael R. Barrett on 4/25/18. (ba)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
Warren Keith Henness,
Petitioner,
v.

Case No. 2:14cv2580

Warden, Chillicothe 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 April 6, 2018 (Doc. 62).
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. 62) of the
Magistrate Judge is hereby ADOPTED. Consistent with the recommendation by the Magistrate
Judge, there is no jurisdiction to consider the merits of the Petition (Doc. 1) without the
permission of the circuit court. Accordingly, the Petition (Doc. 1) is DISMISSED without
prejudice for lack of jurisdiction.

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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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