Moore v. May

Opinion

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

ROBERT LEE MOORE, CASE NO. 2:21-CV-00361 Petitioner, JUDGE JAMES L. GRAHAM Magistrate Judge Kimberly A. Jolson v.

WARDEN, RICHLAND CORRECTIONAL INSTITUTION,

Respondent.

ORDER

On March 9, 2021, the Magistrate Judge issued a Report and Recommendation pursuant to Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts recommending that this action be dismissed. (Doc. 8). 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 (Doc. 8) 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. Date: April 23, 2021

_________s/James L. Graham_________ JAMES L. GRAHAM UNITED STATES DISTRICT JUDGE