Atkinson v. Warden Noble Correctional Institution

Filing 22

ORDER adopting 21 the Report and Recommendation. Signed by Judge Michael H. Watson on 2/7/2024. (jk) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION Eric Randle Atkinson, Petitioner, Case No. 2:21-cv-5316 Judge Michael H. Watson V. Warden, Noble Correctional Magistrate Judge Deavers Institution, Respondent. ORDER On January 10, 2024, Magistrate Judge Deavers issued a Report and Recommendation ("R&R") recommending the Court dismiss Petitioner's Petition, deny a certificate of appealability, certify that any appeal would not be taken in good faith, and deny leave to proceed in forma pauperis on appeal. R&R, ECF No. 21. The R&R notified the parties of their right to object to the recommendations therein and that failure to timely object would amount to a forfeiture of both the right to de novo review by the Undersigned as well as the right to appeal the Court's adoption of the R&R. Id. at 49. The deadline for filing such objections has passed, and no objections were filed. Having received no objections, the R&R is ADOPTED. The Petition is DISMISSEDWITH PREJUDICE. The Court DENIES a certificate of appealability and CERTIFIES pursuant to 28 U. S. C. ยง 1915(a)(3) that any appeal of this case would not be taken in good faith. The Clerk shall enter judgment for Respondent a d close the case. IT IS SO ORDERED. ICHAEL H. ATSON, JUDGE UNITED STATES DISTRICT COURT CaseNo. 2:21-cv-5316 Page 2 of 2

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