Wei Tong v. Attorney General et al

Filing 8

OPINION and ORDER ADOPTING and AFFIRMING the 5 Report and Recommendations in that 4 Defendants' Motion to Dismiss/Lack of Jurisdiction is GRANTED. The Court DECLINES to issue a Certificate of Appealability. Signed by Judge George C. Smith on 1/8/18. (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
WU WEI TONG,
Petitioner,
CASE NO. 2:17-CV-1004
JUDGE GEORGE C. SMITH
Magistrate Judge Jolson

v.

ATTORNEY GENERAL, et al.,
Respondents.
OPINION AND ORDER
On December 19, 2017, the Magistrate Judge issued a Report and Recommendation
recommending that Respondent’s Motion to Dismiss for Lack of Jurisdiction (ECF No. 4) be
granted and that the petition for a writ of habeas corpus be dismissed as moot. (ECF No. 5.)
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, no objections have been filed.
The Report and Recommendation (ECF No. 5) is ADOPTED and AFFIRMED. The
Motion to Dismiss for Lack of Jurisdiction (ECF No. 4) is GRANTED. 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 of dismissal.
IT IS SO ORDERED.
s/ George C. Smith__________________
GEORGE C. SMITH, JUDGE
UNITED STATES DISTRICT COURT