Williams v. Warden, Madison Correctional Institution

Filing 17

OPINON and ORDER ADOPTING and AFFIRMING 14 Report and Recommendations, DENYING 7 , 9 Motions for Assistance to Attain Transcript of Proceedings, GRANTING 11 Motion to Dismiss, DISMISSING 4 Petition for a Writ of Habeas Corpus, and DENYING any request for a certificate of appealability. Signed by Judge George C. Smith on 8/14/2017. (ew)(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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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION JAMES WILLIAMS, Petitioner, CASE NO. 2:16-CV-1050 JUDGE GEORGE C. SMITH MAGISTRATE JUDGE VASCURA v. WARDEN, MADISON CORRECTIONAL INSTITUTION, Respondent. OPINION AND ORDER On June 27, 2017, the Magistrate Judge issued an Order and Report and Recommendation denying Petitioner’s Motions for Assistance to Attain Transcript of Proceedings (Docs. 7, 9), and recommending that Respondent’s Motion to Dismiss (Doc. 11) be granted and that this action be dismissed. (Doc. 14.) Although the parties were advised of the right to object to the Magistrate Judge’s Order and Report and Recommendation, and of the consequences of failing to do so, no objections have been filed. The Order and Report and Recommendation (Doc. 14) is ADOPTED and AFFIRMED. Petitioner’s Motions for Assistance to Attain Transcript of Proceedings (Docs. 7, 9) are DENIED. The Respondent’s Motion to Dismiss (Doc. 11) is GRANTED. The petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 is hereby DISMISSED. The Petitioner has waived the right to appeal by his failure to file objections to the Magistrate Judge’s Order and Report and Recommendation. See Thomas v. Arn, 474 U.S. 140 (1985); United States v. Walters, 638 F.2d 947 (6th Cir. 1981). Therefore, any request for a certificate of appealability is DENIED. IT IS SO ORDERED. s/ George C. Smith__________________ GEORGE C. SMITH, JUDGE UNITED STATES DISTRICT COURT 2

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