DAVENPORT v. MILLER

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

AUSTIN R. DAVENPORT,

: Petitioner,

Case No. 2:24-cv-2364

v. Chief Judge Sarah D. Morrison

Magistrate Judge Caroline H.

Gentry

HON. ANDY D. MILLER, et al., :

Respondents.

ORDER On August 22, 2024, the Magistrate Judge issued a Report and Recommendation recommending that the petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 be dismissed without prejudice. (ECF No. 11.) The parties were advised of the right to file objections to the Report and Recommendation and of the consequences of failing to do so. (Id., PAGEID # 82.) The time for filing objections has now passed and no objections were filed. The Report and Recommendation is ADOPTED and AFFIRMED. This action is DISMISSED. Petitioner has waived the 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. /s/ Sarah D. Morrison SARAH D. MORRISON CHIEF UNITED STATES DISTRICT JUDGE