Alls v. Warden Belmont Correctional Institution

Filing 14

OPINION and ORDER adopting and affirming 13 the Report and Recommendation. Signed by Judge Michael H. Watson on 2/2/18. (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

James Alls,
Civil Case No. 2:16-cv-1001

Petitioner,

Judge Michael H. Watson
Magistrate Judge Deavers

V.

Warden Belmont Correctional

Institution,

Respondent.

OPINION AND ORDER

On January 11,2018, the Magistrate Judge issued a Report and
Recommendation ("R&R") recommending that this action be dismissed as timebarred. R&R 6, EOF No. 13. Although the parties were advised of the right to

object to the Magistrate Judge's R&R, and of the consequences of failing to do
so, id. at 7, no objections have been filed. The R&R is therefore ADOPTED and
AFFIRMED. This action is DISMISSED.

Pursuant to 28 U.S.C. § 2253(c)(1 )(B), the Court must also assess
whether to issue a certificate of appealability. Rule 11 of the Rules Goveming

Section 2255 Proceedings for the United States District Courts states that "[tjhe
district court must issue or deny a certificate of appealability when it enters a final
order adverse to the applicant." However, Petitioner has waived the right to file
an appeal by failing to file objections to the Magistrate Judge's

recommendations. See Thomas v. Am, 474 U.S. 140,147 (1985); United States

V. Walters, 638 F. 2d 947, 950 (6th Cir. 1981). The Court therefore DECLINES
to Issue a certificate of appealablllty.
IT IS SO ORDERED.

nCHAEL H. WATSON, JUDGE
UNITED STATES DISTRICT COURT