Millow v. Warden, London Correctional Institution

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

Levon Millow,

Petitioner,

v. Case No. 1:20cv460

Warden, London Correctional Institution, Judge Michael R. Barrett

Respondent.

ORDER

This matter is before the Court on the Report and Recommendation (“R&R”) filed by the Magistrate Judge on January 19, 2021 (Doc. 19). Proper notice has been given to the parties under 28 U.S.C. ' 636(b)(1)(C), including notice that the parties would waive further appeal if they failed to file objections to the R&R in a timely manner. United States v. Walters, 638 F.2d 947 (6th Cir. 1981). No objections to the Magistrate Judge=s R&R (Doc. 19) have been filed, and the time to do so has passed. Accordingly, it is ORDERED that the R&R (Doc. 19) of the Magistrate Judge is hereby ADOPTED. Consistent with the recommendation by the Magistrate Judge, Respondent’s Motion to Dismiss (Doc. 10) is GRANTED and the Petition (Doc. 1) is DISMISSED WITH PREJUDICE as time-barred. It is further ORDERED that Petitioner is denied a certificate of appealability as reasonable jurists would not disagree with the Court’s conclusion, and Petitioner shall not be granted leave to appeal to the Sixth Circuit in forma pauperis as the Court certifies that any appeal would be objectively

1 frivolous. Petitioner’s habeas proceeding in CLOSED and TERMINATED from the active docket of this Court. IT IS SO ORDERED. /s/ Michael R. Barrett Michael R. Barrett, Judge United States District Court