Hubal v. Yost

Opinion

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

TIMOTHY A. HUBAL, JR., CASE NO. 2:19-CV-5262 Petitioner, JUDGE EDMUND A. SARGUS, JR. Magistrate Judge Kimberly A. Jolson Vv. WARDEN, BELMONT CORRECTIONAL INSTITUTION, et al., Respondents.

ORDER On December 10, 2019, the Magistrate Judge issued a Report and Recommendation (“R&R”) recommending that the petition for a writ of habeas corpus be dismissed. (ECF No. 2.) Although the parties were advised of the right to file objections to the R&R, and of the consequences of failing to do so, no objections have been filed. Therefore, the R&R (ECF No. 2) is ADOPTED and AFFIRMED. This action is hereby DISMISSED. Pursuant to 28 U.S.C. § 2253(c)(1)(A) and Rule 11 of the Rules Governing Section 2254 Cases in the United States District Courts, the Court must determine whether to issue a certificate of appealability. Because Petitioner has waived the right to file an appeal by failing to file objections to the R&R, see Thomas v. Arn, 474 U.S. 140, 147 (1985); United States v. Walters, 638 F. 2d 947, 950 (6th Cir. 1981), the Court DECLINES to issue a certificate of appealability. IT IS SO ORDERED.

DATE ED A. SARGUS, JR. UNITED STATES DISTRICT JUDGE