Lee v. Warden, Chillicothe Correctional Institution

Filing 6

OPINION AND ORDER adopting Report and Recommendations re 3 Report and Recommendations.. Signed by Judge James L. Graham on 7/10/2018. (ds)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
JALEN D. LEE,
Case No. 2:18-cv-561
Judge James L. Graham
Magistrate Judge Chelsey M. Vascura

Petitioner,
v.
TIMOTHY SHOOP, WARDEN,
CHILLICOTHE CORRECTIONAL
INSTITUTION,
Respondent.

OPINION AND ORDER
On June 8, 2018, the Magistrate Judge issued an Order and Report and Recommendation
pursuant to Rule 4 of the Rules Governing Section 2254 Cases recommending that this action be
dismissed without prejudice as unexhausted, and denying Petitioner’s request for the appointment
of counsel. (ECF No. 3.) 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, no objections have been filed.
The Order and Report and Recommendation (ECF No. 3) 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). The Court therefore
DECLINES to issue a certificate of appealability.
IT IS SO ORDERED.
Date: July 10, 2018

__s/James L. Graham_____________
JAMES L. GRAHAM
United States District Judge