Opinion

Brown v. Warden Noble Correctional Institution

Court
District Court, S.D. Ohio
Filed
Oct 23, 2020
Cited by
0 cases
Authority
More cited than 28.2%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

DYLAN M. BROWN,

Case No. 2:20-cv-1295

Petitioner, Judge Sarah D. Morrison

Magistrate Judge Elizabeth Preston

Deavers

v.

WARDEN, NOBLE

CORRECTIONAL INSTITUTION,

Respondent.

ORDER

On October 5, 2020, the Magistrate Judge issued a Report and

Recommendation (“R&R”) recommending that Respondent’s Motion to Dismiss

(ECF No. 11) be granted and that this action be dismissed. (ECF No. 13.) Although

the parties were advised of the right to file objections to the Magistrate Judge’s

R&R, and of the consequences of failing to do so, no objections have been filed.

The R&R (ECF No. 13) is ADOPTED and AFFIRMED. Respondent’s Motion

to Dismiss (ECF No. 11) is GRANTED. This action is hereby DISMISSED.

Petitioner has waived the right to appeal by failing to file objections. 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.

/s/ Sarah D. Morrison

SARAH D. MORRISON

UNITED STATES DISTRICT JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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