Opinion
2:22-cv-2155
03-15-2023
Dustin J. Carroll, Petitioner, v. Warden, Noble Correctional Institution, Defendant.
MERZ, MAGISTRATE JUDGE.
ORDER
MICHAEL H. WATSON JUDGE, UNITED STATES DISTRICT COURT
Magistrate Judge Merz issued a Report and Recommendation (“R&R”) in this case that recommends the Court reject on the merits Petitioner's Double Jeopardy claim and dismiss as procedurally defaulted Petitioner's speedy trial claim. R&R, ECF No. 12. The R&R notified the parties of their right to object to the recommendations contained therein, id. at 13, and Petitioner failed to timely object.
Accordingly, the Court ADOPTS the R&R, DISMISSES WITH PREJUDICE Petitioner's petition, and CERTIFIES that any appeal would be objectively frivolous such that Petitioner should not be granted leave to appeal in forma pauperis.
IT IS SO ORDERED.