Smith v. Miller

Full title: Jamel A. Smith, Plaintiff, v. M. Eberlin Miller, Warden, Defendant

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

Date published: Jul 23, 2009

Case No. 2:09cv468 (S.D. Ohio Jul. 23, 2009)

Opinion

Case No. 2:09cv468.

July 23, 2009

OPINION AND ORDER

MICHAEL WATSON, District Judge

Before the Court is the June 16, 2009 Report and Recommendation (hereinafter "Report") of Magistrate Judge Abel (Doc. 2).

The parties were given proper notice, pursuant to 28 U.S.C. § 636(b)(1)(C), including notice the parties would waive further appeal if they failed to file objections to the Report in a timely manner. See United States v. Walters, 638 F.2d 947 (6th Cir. 1981). To date, no objections to the Report were filed.

The Report recommends that Plaintiff's petition be dismissed because Plaintiff has failed to exhaust his Ohio court remedies. Upon de novo review of this matter, pursuant to 28 U.S.C. § 636, the Court finds no error in the Report. Accordingly, the Report (Doc. 2) is hereby ADOPTED and Plaintiff's petition is hereby DISMISSED. The Clerk of Court is hereby directed to close this action.

IT IS SO ORDERED.