Horner v. Warden, Belmont Correctional Institution

Opinion

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

KENNETH HORNER, CASE NO. 2:20-CV-6118 Petitioner, JUDGE EDMUND A. SARGUS, JR. Chief Magistrate Judge Elizabeth P. Deavers v.

WARDEN, BELMONT CORRECTIONAL INSTITUTION,

Respondent.

ORDER

On December 7, 2020, 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 without prejudice as unexhausted. (ECF No. 2.) 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 (ECF No. 2) is ADOPTED and AFFIRMED. This action is hereby DISMISSED without prejudice as unexhausted. 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/Edmund A. Sargus, Jr. 12/28/2020 EDMUND A. SARGUS, JR. UNITED STATES DISTRICT JUDGE