White v. Warden, Ross Correctional Institution

Filing 15

ORDER ADOPTING and AFFIRMING the REPORT AND RECOMMENDATION 13 in that Petitioner's Request for a Stay of Proceedings is DENIED. This action is DISMISSED. The Court DECLINES to issue a Certificate of Appealability. Signed by Judge James L. Graham on 1/31/18. (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
VINCENT D. WHITE, JR.,
CASE NO. 2:17-CV-325
JUDGE JAMES L. GRAHAM
Magistrate Judge Chelsey M. Vascura

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

OPINION AND ORDER
On January 8, 2018, the Magistrate Judge issued an Order and Report and
Recommendation recommending that the petition for a writ of habeas corpus pursuant to 28
U.S.C. § 2254 be dismissed, and denying petitioner’s request for a stay.

(ECF No. 13.)

Although the parties were advised of the right to object to the Magistrate Judge’s Order and
Report and Recommendation, and of the consequences of failing to do so, no objections have
been filed.
The Order and Report and Recommendation (ECF No. 13) is ADOPTED and
AFFIRMED. Petitioner’s request for a stay of proceedings (ECF No. 12) is DENIED.
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.
The Clerk is DIRECTED to enter final judgment.
Date: January 31, 2018

____s/James L. Graham _____
JAMES L. GRAHAM
United States District Judge