Klusty v. krueger

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATION; DECLINING to issue a certificate of appealability, DISMISSING this action. Signed by Judge Algenon L. Marbley on 5/23/2019. (cw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

GARY KLUSTY,
Case No. 2:17–CV–62
Judge Algenon L. Marbley
Magistrate Judge Michael R. Merz

Petitioner,
v.
WARDEN, LONDON
CORRECTIONAL INSTITUTION,
Respondent.
ORDER

On May 3, 2019, the Magistrate Judge issued a Report and Recommendation (“R&R”)
recommending that the petition for a writ of habeas corpus be dismissed. (ECF No. 12.)
Although the parties were advised of the right to file objections to the R&R, and of the
consequences of failing to do so, no objections have been filed. Therefore, the R&R (ECF No.
12) is ADOPTED and AFFIRMED. This action is hereby DISMISSED.
Pursuant to 28 U.S.C. § 2253(c)(1)(A) and Rule 11 of the Rules Governing Section 2254
Cases in the United States District Courts, the Court must determine whether to issue a certificate
of appealability. Because Petitioner has waived the right to file an appeal by failing to file
objections to the R&R, see Thomas v. Arn, 474 U.S. 140, 147 (1985); United States v. Walters,
638 F. 2d 947, 950 (6th Cir. 1981), the Court DECLINES to issue a certificate of appealability.
IT IS SO ORDERED.

Date: May 23, 2019

s/ Algenon L. Marbley_______________
ALEGENON L. MARBLEY
UNITED STATES DISTRICT COURT JUDGE