Shavers v. Warden Franklin County Correction Center II ( 2020 )

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION PHILIP LAMONT SHAVERS, CASE NO. 2:20-CV-1034 Petitioner, JUDGE EDMUND A. SARGUS, JR. Chief Magistrate Judge Elizabeth P. Deavers v. WARDEN, FRANKLIN COUNTY CORRECTIONAL CENTER, II, Respondent. ORDER On March 2, 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 this action be dismissed as barred by the one-year statute of limitations. (ECF No. 4.) 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. 4) is ADOPTED and AFFIRMED. This action is hereby DISMISSED. Petitioner has waived the 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 (6th Cir. 1981). Therefore, the Court DECLINES to issue a certificate of appealability. IT IS SO ORDERED. 4/17/2020 s/Edmund A. Sargus, Jr. Date EDMUND A. SARGUS, JR. UNITED STATES DISTRICT JUDGE