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Byrd v. Warden, Warren Correctional Ins.

United States District Court, S.D. Ohio, Western Division
Nov 27, 2006
Case No. 1:05cv121 (S.D. Ohio Nov. 27, 2006)

Opinion

Case No. 1:05cv121.

November 27, 2006


ORDER


This matter is before the Court on the Magistrate Judge's Report and Recommendation filed October 31, 2006 (Doc. 11).

Proper notice has been given to the parties under 28 U.S.C. § 636(b)(1)(C), including notice that the parties would waive further appeal if they failed to file objections to the Report and Recommendation in a timely manner. See United States v. Walters, 638 F.2d 947 (6th Cir. 1981). No objections to the Magistrate Judge's Report and Recommendation have been filed.

Having reviewed this matter de novo pursuant to 28 U.S.C. § 636, the Court finds the Magistrate Judge's Report and Recommendation to be correct.

Accordingly, it is ORDERED that the Report and Recommendation of the Magistrate Judge is hereby ADOPTED in its entirety. Plaintiff's writ of habeas corpus pursuant to 28 U.S.C. § 2254 (Doc. 1) is DENIED. A certificate of appeal should not issue with regard to this matter and an appeal to proceed in forma pauperis would be denied until a showing of financial necessity by Plaintiff. This action is closed.

IT IS SO ORDERED.


Summaries of

Byrd v. Warden, Warren Correctional Ins.

United States District Court, S.D. Ohio, Western Division
Nov 27, 2006
Case No. 1:05cv121 (S.D. Ohio Nov. 27, 2006)
Case details for

Byrd v. Warden, Warren Correctional Ins.

Case Details

Full title:Dewayne Byrd, Plaintiff, v. Warden, Warren Correctional Institution…

Court:United States District Court, S.D. Ohio, Western Division

Date published: Nov 27, 2006

Citations

Case No. 1:05cv121 (S.D. Ohio Nov. 27, 2006)