Lacking v. Warden, Chillicothe Correctional Institution

Filing 15

ORDER adopting and affirming 12 the Report and Recommendation; granting 8 Respondent's Motion to Dismiss. Signed by Judge Michael H. Watson on 10/19/16. (jk) (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
EASTERN DIVISION

IVAN LACKING,
Petitioner,
Case No. 2:15-cv-3069

V.

JUDGE WATSON

Magistrate Judge King
CHARLOTTE JENKINS, WARDEN,

Respondent.

ORDER

This is an action for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On

August 29, 2016, the Magistrate Judge recommended that Respondent's Motion to Dismiss,

EOF No. 8, be granted and that this action be dismissed as barred by the one-year statute
of limitations established by 28 U.S.C. § 2244(d). Report and Recommendation, EOF No.

12. The parties were advised of their right to object to the Magistrate Judge's Report and

Recommendation, and of the consequences of failing to do so, and Petitioner was granted
an extension of time in which to file objections. Order, EOF No. 14. Nevertheless, no
objections have been filed.
The Report and Recommendation, EOF No. 12, is ADOPTED and AFFIRMED.

Respondent's Motion to Dismiss, EOF No. 8, is GRANTED. This action is hereby
DISMISSED as barred by the one-year statute of limitations established by 28 U.S.C.
§ 2244(d).
The Clerk is DIRECTED to enter FINAL JUDGMENT.
IT IS SO ORDERED.

MICHAEL H. WATSON, JUDGE
UNITED STATES DISTRICT COURT