Brown v. Warden Noble Correctional Institution

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

DYLAN M. BROWN, Case No. 2:20-cv-1295

Petitioner, Judge Sarah D. Morrison Magistrate Judge Elizabeth Preston Deavers v.

WARDEN, NOBLE CORRECTIONAL INSTITUTION,

Respondent.

ORDER

On October 5, 2020, the Magistrate Judge issued a Report and Recommendation (“R&R”) recommending that Respondent’s Motion to Dismiss (ECF No. 11) be granted and that this action be dismissed. (ECF No. 13.) Although the parties were advised of the right to file objections to the Magistrate Judge’s R&R, and of the consequences of failing to do so, no objections have been filed. The R&R (ECF No. 13) is ADOPTED and AFFIRMED. Respondent’s Motion to Dismiss (ECF No. 11) is GRANTED. This action is hereby DISMISSED. Petitioner has waived the right to appeal by failing to file objections. 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. /s/ Sarah D. Morrison SARAH D. MORRISON UNITED STATES DISTRICT JUDGE