Granados v. Warden Southeastern Correctional Institution

Filing 21

ORDER ADOPTING REPORT AND RECOMMENDATION. This action is DISMISSED. The Court DECLINES to issue a certificate of appealability. Signed by Judge Algenon L. Marbley on 7/21/2019. (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

SAMUEL GRANADOS,
Case No. 2:16–cv–879
Judge Algenon L. Marbley
Magistrate Judge Michael R. Merz

Petitioner,
v.
WARDEN, SOUTHEAST
CORRECTIONAL INSTITUTION,
Respondent.
ORDER

On May 7, 2019, the Magistrate Judge issued a Report and Recommendation (“R&R”)
recommending that the petition for a writ of habeas corpus be dismissed. (ECF No. 18.)
Although the parties were advised of the right to file objections to the R&R, and of the
consequences of failing to do so, no objections have been filed. Therefore, the R&R (ECF No.
18) is ADOPTED and AFFIRMED. This action is hereby DISMISSED.
Pursuant to 28 U.S.C. § 2253(c)(1)(A) and Rule 11 of the Rules Governing Section 2254
Cases in the United States District Courts, the Court must determine whether to issue a certificate
of appealability. Because Petitioner has waived the right to file an appeal by failing to file
objections to the R&R, see Thomas v. Arn, 474 U.S. 140, 147 (1985); United States v. Walters,
638 F. 2d 947, 950 (6th Cir. 1981), the Court DECLINES to issue a certificate of appealability.
IT IS SO ORDERED.

Date: June 21, 2019

s/ Algenon L. Marbley_______________
ALEGENON L. MARBLEY
UNITED STATES DISTRICT COURT JUDGE