Jones v. Warden, Southern Ohio Correctional Facility

Filing 21

OPINION and ORDER ADOPTING and AFFIRMING the REPORT AND RECOMMENDATION 20 in that this case is DISMISSED. The Court DECLINES to issue a Certificate of Appealability. Signed by Judge George C. Smith on 2/1/18. (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
DELSHJUAN JONES,
a.k.a. Delshaun Jones,
Petitioner,
CASE NO. 2:17-CV-192
JUDGE GEORGE C. SMITH
Magistrate Judge Vascura

v.
WARDEN, SOUTHERN OHIO
CORRECTIONAL FACILITY,
Respondent.

OPINION AND ORDER
On January 10, 2018, 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
dismissed. (ECF No. 20). Although the parties were advised of the right to file objections 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 (ECF No. 20) is ADOPTED and AFFIRMED. This
action is hereby DISMISSED.
Petitioner has failed to exercise 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.
The Clerk is DIRECTED to enter final judgment.
IT IS SO ORDERED.
s/ George C. Smith__________________
GEORGE C. SMITH, JUDGE
UNITED STATES DISTRICT COURT