Henize v. Warden Noble Correctional Institution

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

ALEXANDER HENIZE,

Petitioner, :

Case No. 2:22-cv-1625 v. Judge Sarah D. Morrison

Magistrate Judge Karen L.

Litkovitz WARDEN, NOBLE CORRECTIONAL INSTITUTION, :

Respondent.

ORDER On September 27, 2023, the Magistrate Judge issued a Report and Recommendation recommending that the petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 be dismissed. (ECF No. 18.) Although the parties were advised of the right to file objections to the Magistrate Judge’s Report and Recommendation, and of the consequences of failing to do so, no objections have been 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 UNITED STATES DISTRICT JUDGE