Frost v. Warden, Chillicothe Correctional Institution

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION Joshua E. Frost, Petitioner, Case No. 2:19-cv-424 Judge Michael H. Watson Vv. Chief Magistrate Judge Elizabeth P. Deavers Warden, Chillicothe Correctional Institute, Respondent. OPINION AND ORDER On December 20, 2019, the Magistrate Judge issued a Report and Recommendation (“R&R”) recommending that this action be dismissed without prejudice pursuant to Rule 41(b) of the Federal Rules of Civil Procedure for failure to prosecute. ECF No. 7. Although the parties were advised of the right to object to the R&R, and of the consequences of failing to do so, no objections have been filed. Therefore, the R&R, ECF No. 7, is ADOPTED and AFFIRMED. The action is DISMISSED without prejudice. 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. IT IS SO ORDERED. | / Wht. MICHAEL H. WATSON, JUDGE UNITED STATES DISTRICT COURT