Horton v. Warden, Madison Correctional Institution

Filing 19

ORDER ADOPTING and AFFIRMING the REPORT AND RECOMMENDATION 18 in that this case is DISMISSED. The Court DECLINES to issue a certificate of appealability. Signed by Judge James L. Graham on 1/3/18. (sem)(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
RUFUS HORTON,
CASE NO. 2:17-CV-0036
JUDGE JAMES L. GRAHAM
Magistrate Judge Kimberly A. Jolson

Petitioner,
v.
WARDEN, MADISON
CORRECTIONAL INSTITUTION,
Respondent.

OPINION AND ORDER
On November 16, 2017, the Magistrate Judge issued a Report and Recommendation
recommending that the petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 be
denied and that this action be dismissed. (Doc. 18.) Although the parties were advised of the
right to object to the Magistrate Judge’s Report and Recommendation, and of the consequences
of failing to do so, no objections have been filed.
The Report and Recommendation (Doc. 18) is ADOPTED and AFFIRMED. This
action is hereby DISMISSED.
Petitioner has failed his right to appeal by failing to file objections. See Thomas v. Arn,
474 U.S. 140 (1985); United States v. Walters, 638 F.2d 947 (6th Cir. 1981). Therefore, the
Court DECLINES to issue a certificate of appealability.
IT IS SO ORDERED.
Date: January 3, 2018
______s/James L. Graham_______
JAMES L. GRAHAM
United States District Judge