West v. Warden, Correctional Reception Center et al

Filing 4

ORDER ADOPTING and AFFIRMING the REPORT AND RECOMMENDATION 2 in that this action is DISMISSED WITHOUT PREJUDICE. The Court DECLINES to issue a Certificate of Appealability. Signed by Judge George C. Smith on 4/3/18. (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
CHAD WEST,
Petitioner,
CASE NO. 2:18-CV-122
JUDGE GEORGE C. SMITH
Magistrate Judge Vascura

v.

WARDEN, CORRECTIONS
RECEPTION CENTER, et al.
Respondents.

OPINION AND ORDER
On March 2, 2018, the Magistrate Judge issued a Report and Recommendation (“R&R”)
recommending that this habeas action be dismissed without prejudice for failure to exhaust state
court remedies. (ECF No. 2). 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. 2) is therefore, ADOPTED and AFFIRMED. This action is DISMISSED
WITHOUT PREJUDICE.
Pursuant to 28 U.S.C. § 2253(c)(1)(A), the Court must also assess whether to issue a
certificate of appealability. See also Rule 11 of the Rules Governing Section 2254 Proceedings
for the United States District Courts (explaining that a “district court must issue or deny a
certificate of appealability when it enters a final order adverse to [an] applicant”). Petitioner has
waived, however, 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

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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