Smith v. Warden, Belmont Correctional Institution ( 2021 )

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION THOMAS E. SMITH, JR., CASE NO. 2:20-CV-5830; 2:20-CV-5915 Petitioner, JUDGE JAMES L. GRAHAM Magistrate Judge Kimberly A. Jolson v. WARDEN, BELMONT CORRECTIONAL INSTITUTION, Respondent. ORDER On June 8, 2021, the Magistrate Judge issued a Report and Recommendation in the above two cases recommending that the petitions for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 and § 2241 be dismissed. See 2:20-CV-5830, Doc. 14; 2:20-CV-5915, Doc. 15. 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 court agrees with the Reports and Recommendations and they are ADOPTED and AFFIRMED. These actions are hereby DISMISSED. Petitioner has waived his 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). The Court therefore DECLINES to issue a certificate of appealability. IT IS SO ORDERED. Date: June 30, 2021 ________s/James L. Graham __ JAMES L. GRAHAM UNITED STATES DISTRICT JUDGE The parties are further advised that, if they intend to file an appeal of any adverse decision, they may submit arguments in any objections filed, regarding whether a certificate of appealability should issue. ______________________________ Elizabeth A. Preston Deavers United States Magistrate Judge