Moore v. Warden, Noble Correctional Institution

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATION, GRANTING 7 Motion to Dismiss. This action is dismissed without prejudice as unexhausted. The Court DECLINES to issue a certificate of appealability. Signed by Judge Algenon L. Marbley on 11/30/2018. (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
CHAD A. MOORE,
Case No. 2:18-cv-379
JUDGE ALGENON L. MARBLEY
Chief Magistrate Judge Elizabeth P. Deavers

Petitioner,
v.
WARDEN, NOBLE
CORRECTIONAL INSTITUTION,
Respondent.

OPINION AND ORDER
On October 23, 2018, the Magistrate Judge issued a Report and Recommendation
recommending that Respondent’s Motion to Dismiss (ECF No. 7) be granted, and that the Petition
for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 be dismissed without prejudice unless
Petitioner notified the Court within fourteen (14) days that he wished to delete his unexhausted
claims and proceed solely on his remaining exhausted claim of the denial of the effective assistance
of counsel. (ECF No. 8.) Although the parties were advised of the right to file objections to the
Magistrate Judge’s Report and Recommendation, and of the consequences of failing to do so, no
objections have been filed, and Petitioner has not notified the Court that he wishes to proceed
solely on his remaining exhausted claim.
The Report and Recommendation (ECF No. 8) is ADOPTED and AFFIRMED. The
Motion to Dismiss (ECF No. 7) is GRANTED. This action is hereby DISMISSED without
prejudice as unexhausted.
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.

The Clerk is DIRECTED to enter final judgment
IT IS SO ORDERED.
s/Algenon L. Marbley___________
ALGENON L. MARBLEY
UNITED STATES DISTRICT COURT
November 30, 2018

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