Courtney v. Perry

Filing 4

ORDER adopting 2 the Report and Recommendation. Signed by Judge Michael H. Watson on 4/4/17. (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 Duane Courtney, Petitioner, V. Major Perry, Warden Case No. 2:17-cv-26 Judge Michael H. Watson Magistrate Judge Kemp Respondent. ORDER On February 14, 2017, Magistrate Judge Kemp, to whom this case was referred. Issued a report and recommendation ("R&R") recommending that Duane Courtney's ("Petitioner") habeas corpus petition be dismissed for failure to exhaust state court remedies. R&R, EOF No. 2. The R&R notified the parties of their right 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 5-6, ECF No. 2. 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 is DISMISSED. The Clerk shall terminate this case. IT IS SO ORDERED. fsl Michael H. Watson MICHAEL H. WATSON, JUDGE UNITED STATES DISTRICT COURT

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