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.)

Download PDF
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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?