Nzeyimana v. Barr

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION OUMAR NZEYIMANA, CASE NO. 2:20-CV-2184 Petitioner, CHIEF JUDGE ALGENON L. MARBLEY Magistrate Judge Chelsey M. Vascura v. WILLIAM BARR, et al., Respondents. ORDER On September 14, 2020, the Magistrate Judge issued a Report and Recommendation recommending that Respondent’s Motion to Dismiss (ECF No. 13) be granted and that the petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 be dismissed. (ECF No. 14.) 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. 14) is ADOPTED and AFFIRMED. The Motion to Dismiss (ECF No. 13) is GRANTED. This action is hereby DISMISSED. Petitioner’s motions for declaratory and injunctive relief (ECF No. 5) are DENIED, as moot. 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 (6 th Cir. 1981). The Court therefore DECLINES to issue a certificate of appealability. IT IS SO ORDERED. —_

ALGENON L. MARBL ee DATED: November 2, 2020 CHIEF UNITED STATES DISTRICT JUDGE