Kurtz v. Warden, Belmont Correctional Institution

Opinion

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

KYLE KURTZ, CASE NO. 2:19-CV-5186 Petitioner, JUDGE EDMUND A. SARGUS, JR. Magistrate Judge Kimberly A. Jolson v.

WARDEN, BELMONT CORRECTIONAL INSTITUTION,

Respondent.

ORDER

On August 19, 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. 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. 19) is ADOPTED and AFFIRMED. This action is hereby DISMISSED. 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). The Court therefore DECLINES to issue a certificate of appealability. IT IS SO ORDERED. s/Edmund A. Sargus, Jr. 9/14/2020 EDMUND A. SARGUS, JR. UNITED STATES DISTRICT JUDGE