Opinion
Case No. 2:17-cv-37
02-28-2018
Charles Daniels, Petitioner, v. Warden, Madison Correctional Institution, Respondent.
Magistrate Judge Elizabeth P. Deavers
OPINION AND ORDER
On February 2, 2018, the Magistrate Judge issued an order and report and recommendation ("R&R") recommending that Respondent's motion to dismiss, ECF No. 11, be GRANTED, that this action be DISMISSED as barred by the one-year statute of limitations provided for under 28 U.S.C. § 2244(d), and denying Petitioner's motion for leave ordering an expansion of the record, ECF No. 12. ECF No. 17. 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. 17, is ADOPTED and AFFIRMED. Respondent's motion to dismiss, ECF No. 11, is GRANTED. Petitioner's motion for leave ordering an expansion of the record, ECF No. 12, is DENIED. This action is 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). Therefore, the Court DECLINES to issue a certificate of appealability. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that the appeal would not be in good faith and that an application to proceed in forma pauperis on appeal should be DENIED.
The Clerk is DIRECTED to enter final JUDGMENT.
IT IS SO ORDERED.
/s/ _________
MICHAEL H. WATSON, JUDGE
UNITED STATES DISTRICT COURT