Hawkins v. Warden, Ross Correctional Institution

Filing 18

ORDER ADOPTING and AFFIRMING the REPORT AND RECOMMENDATION 15 in that the Petition for a Writ of Habeas Corpus is DENIED and this case is DISMISSED. The Court DECLINES to issue a certificate of appealability. Signed by Judge George C. Smith on 5/31/18. (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
DARTANIAN HAWKINS,
Petitioner,

CASE NO. 2:17-CV-00466
JUDGE GEORGE C. SMITH
Magistrate Judge Jolson

v.
WARDEN, ROSS CORECTIONAL, INST.,
Respondent.

OPINION AND ORDER
On April 19, 2018, the Magistrate Judge issued a Report and Recommendation (“R&R”)
recommending that the petition for a writ of habeas corpus, (ECF No. 1), be denied. (ECF No.
15.) Petitioner sought and received leave to file his objections by May 21, 2018. (ECF No. 17.)
Although the parties were advised of the right to object to the R&R, and of the consequences of
failing to do so, no objections have been filed. The R&R (ECF No. 15) is therefore, ADOPTED
and AFFIRMED. The petition for a writ of habeas corpus (ECF No. 1) is DENIED and this
case is DISMISSED.
Pursuant to 28 U.S.C. § 2253(c)(1)(A), the Court must also assess whether to issue a
certificate of appealability. Rule 11 of the Rules Governing Section 2254 Proceedings for the
United States District Courts states that “[t]he district court must issue or deny a certificate of
appealability when it enters a final order adverse to the applicant.” However, Petitioner has
waived the right to file an appeal by failing to file objections to the Magistrate Judge's
recommendations. See Thomas v. Arn, 474 U.S. 140, 147 (1985); United States v. Walters, 638

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F. 2d 947, 950 (6th Cir. 1981). The Court therefore DECLINES to issue a certificate of
appealability.
IT IS SO ORDERED.
__S/ George C. Smith________________
GEORGE C. SMITH, JUDGE
UNITED STATES DISTRICT COURT

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