Thomas v. Warden Warren Correctional Institution

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

Marlin Thomas,

Petitioner,

v. Case No. 1:12cv878

Warden, Warren 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 July 22, 2020 (Doc. 22). 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. 22) have been filed. Accordingly, it is ORDERED that the R&R (Doc. 22) of the Magistrate Judge is hereby ADOPTED. Consistent with the recommendation by the Magistrate Judge, Petitioner’s Motion for Relief from Judgment (Doc. 21) is DENIED because it is extremely untimely and, further, because the objections (Doc. 20) Petitioner wishes the Court to belatedly consider are without merit. Petitioner is denied a certificate of appealability. Pursuant to 28 U.S.C. § 1915(a)(3), the Court certifies that, for the reasons expressed in the R&R (Doc. 22), an appeal of this Order would be objectively frivolous and therefore not taken in good faith.

1 Thus, Petitioner may not appeal in forma pauperis. IT IS SO ORDERED. /s/ Michael R. Barrett Michael R. Barrett, Judge United States District Court