Persinger v. Wainwright

Opinion

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

GERRY A. PERSINGER, CASE NO. 2:20-CV-01577 Petitioner, JUDGE JAMES L. GRAHAM Magistrate Judge Kimberly A. Jolson v.

WARDEN, MARION CORRECTIONAL INSTITUTION,

Respondent.

ORDER

On April 21, 2020, 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 the petition for a writ of habeas corpus be dismissed. (ECF No. 6.) 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. 6) is ADOPTED and AFFIRMED. This action is hereby DISMISSED. Petitioner has waived his right to an 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). Therefore, the Court DECLINES to issue a certificate of appealability. IT IS SO ORDERED. Date: May 21, 2020 ________s/James L. Graham__________ JAMES L. GRAHAM UNITED STATES DISTRICT JUDGE