Smith
v.
United States

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISIONSep 5, 2018
Case No. 2:17-cv-284 (S.D. Ohio Sep. 5, 2018)

Case No. 2:17-cv-284 Crim. No. 2:14-cr-176

09-05-2018

CARL ROBERT SMITH, JR., Petitioner, v. UNITED STATES OF AMERICA, Respondent.



Chief Magistrate Judge Elizabeth P. Deavers
OPINION AND ORDER

On June 11, 2018, the Magistrate Judge issued a Report and Recommendation ("R&R") recommending that the Motion to Vacate under 28 U.S.C. § 2255 be dismissed. ECF No. 132. 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. 132, is ADOPTED and AFFIRMED. The Motion to Vacate under 28 U.S.C. § 2255, ECF No. 115, is hereby DISMISSED.

Petitioner has waived his right to file an 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.

/s/ _________


MICHAEL H. WATSON
, JUDGE


UNITED STATES DISTRICT COURT