# Brown v. Warden Noble Correctional Institution

> District Court, S.D. Ohio · October 23, 2020

URL: https://www.frixlaw.com/law-library/cases/10376600

## Case

- **Court:** District Court, S.D. Ohio
- **Decided:** October 23, 2020
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10376600

## Opinion text

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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10376600. Public record. Not legal advice.