Byrd v. Shoop ( 2019 )

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION ANTHONY BYRD, CASE NO. 2:19-CV-4266 Petitioner, JUDGE JAMES L. GRAHAM Magistrate Judge Chelsey M. Vascura v. WARDEN TIM SHOOP, Respondent. ORDER On October 23, 2019, the Magistrate Judge issued a Report and Recommendation pursuant to Rule 4 of the Rules Governing Section 2254 Cases in the United States District Court recommending that petitioner’s Fourth Amendment claim be dismissed, as it is not cognizable in a habeas action. (ECF No. 2.) 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. 2) is ADOPTED and AFFIRMED. The Fourth Amendment claim (Ground One) is hereby DISMISSED. This action will proceed as to the insufficiency of evidence claim (Ground Two). 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. Date: November 18, 2019 _______s/James L. Graham____________ JAMES L. GRAHAM UNITED STATES DISTRICT JUDGE