DeJarnette v. Warden, Warren Correctional Institution

Filing 17

ORDER ADOPTING and AFFIRMING REPORT AND RECOMMENDATION, DISMISSING this case and DECLINING to issue a certificate of appealability. Signed by Judge Algenon L. Marbley on 7/30/2018. (cw)(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
JAMES T. DeJARNETTE,
Case No. 2:18-cv-291
Judge Algenon L. Marbley
Magistrate Judge Chelsey M. Vascura

Petitioner,
v.
CHAE HARRIS, WARDEN,
WARREN CORRECTIONAL INST.,
Respondent.

OPINION AND ORDER
On June 4, 2018, the Magistrate Judge issued an Order and Report and Recommendation,
recommending that the Petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254 be
dismissed and denying Petitioner’s Motion to Clarify. (ECF No. 12.) Although the parties were
advised of the right to file objections to the Magistrate Judge’s Order and Report and
Recommendation, and of the consequences of failing to do so, and although the Court granted
Petitioner an extension of time to do so, no objections have been filed.
The Order and Report and Recommendation (ECF No. 12) is ADOPTED and
AFFIRMED. This action is hereby DISMISSED.
Petitioner has waived 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.
s/Algenon L. Marbley_______________
ALGENON L. MARBLEY
UNITED STATES DISTRICT COURT
DATED: July 30, 2018