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.)

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. § 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