Rogers v. Warden, Belmont Correctional Institution
Filing
18
ORDER ADOPTING REPORT AND RECOMMENDATION. This case is DISMISSED. The Court DECLINES to issue a certificate of appealability. Signed by Judge Algenon L. Marbley on 7/30/2018. (cw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
ALTERIK ROGERS,
Petitioner,
Case No. 2:16-cv-0638
Judge Algenon L. Marbley
Chief Magistrate Judge Elizabeth P. Deavers
v.
WARDEN, BeCI,
Respondent.
OPINION AND ORDER
On April 30, 2018, the Magistrate Judge issued a Report and Recommendation
recommending that the Petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 be
dismissed. (ECF No. 13.) Although the parties were advised of the right to file objections to the
Magistrate Judge’s Report and Recommendation, and of the consequences of failing to do so,
and although the Court granted Petitioner an extension of time for the filing of his objections, no
objections have been filed.
The Report and Recommendation (ECF No. 13) is ADOPTED and AFFIRMED. This
action is hereby DISMISSED.
Petitioner has waived his right to appeal by failing to file objections. See Thomas v. Arn,
474 U.S. 140 (1985); United States v. Walters, 638 F.2d 947 (6th Cir. 1981). Therefore, the
Court DECLINES to issue a certificate of appealability.
IT IS SO ORDERED.
s/ Algenon L. Marbley______________
ALGENON L. MARBLEY
UNITED STATES DISTRICT COURT
DATED: July 30, 2018
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