Hayes v. Warden Noble Correctional Institution

Filing 18

ORDER adopting 17 the Report and Recommendation. Signed by Judge Michael H. Watson on 4/17/17. (jk)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION Kywan M. Hayes, Petitioner, V. Case No. 2:16-cv-248 Warden Noble Correctional Institution, Judge Michael H. Watson Magistrate Judge Jolson Respondent. ORDER On March 24,2017, Magistrate Judge Jolson, to whom this case was referred. Issued a report and recommendation ("R&R") recommending that the Court dismiss Kywan M. Hayes's ("Petitioner") habeas petition as the claims therein are either procedurally defaulted or fall on the merits. R&R, EOF No. 17. The R&R advised the parties of their light to file objections to the R&R pursuant to 28 U.S.C. ยง 636(b)(1) and Federal Rule of Civil Procedure 72(b). The R&R further specifically advised the parties that the failure to object to the R&R within fourteen days would result In a waiver of the right to de novo review by the District Judge and waiver of the right to appeal the decision of the District Court. R&R 25, ECF No. 17. The deadline for filing such objections has passed, and no objections were filed. Having received no objections, the R&R Is ADOPTED. Petitioner's petition for habeas corpus is DISMISSED. The Clerk shall enter final judgment for defendant and terminate this case. IT IS SO ORDERED. MICHAEL H. WATSON, JUDGE UNITED STATES DISTRICT COURT

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