Churchill v. Warden, Southeastern Correctional Complex

Filing 10

OPINION AND ORDER adopting Report and Recommendations re 7 Report and Recommendations.. Signed by Judge James L. Graham on 12/1/2017. (ds)(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
JOSEPH CHURCHILL,
Petitioner,

CASE NO. 2:17-CV-0690
JUDGE JAMES L. GRAHAM
Magistrate Judge Kimberly A. Jolson

v.
WARDEN, SOUTHEASTERN
CORRECTIONAL COMPLEX,
Respondent.
OPINION AND ORDER
On October 5, 2017, the Magistrate Judge issued a Report and Recommendation
pursuant to Rule 4 of the Rules Governing Section 2254 Cases in the United States District
Courts recommending that this action be dismissed. (Doc. 7.) 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, and the Court provided Petitioner with an extension of time for
the filing of objections, no objections have been filed.
The Report and Recommendation (Doc. 7) 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: December 1, 2017

________s/James L. Graham ______
JAMES L. GRAHAM
United States District Judge