Opinion
CASE NO. 2:17-CV-00758
02-26-2018
MARKEE HORTON, Petitioner, v. WARDEN, MADISON CORRECTIONAL INSTITUTION, Respondent.
Magistrate Judge Elizabeth P. Deavers OPINION AND ORDER
On January 22, 2018, the Magistrate Judge issued a Report and Recommendation recommending that this action be sua sponte dismissed pursuant to Rule 41(b) of the Federal Rules of Civil Procedure for failure to prosecute. (ECF No. 6.) Although the parties were advised of the right to object to the Magistrate Judge's Report and Recommendation, and of the consequences of failing to do so, no objections have been filed. The docket indicates that notice of the Magistrate Judge's Report and Recommendation to Petitioner was returned as undeliverable, and marked "Return to Sender - Refused." Therefore, the Report and Recommendation (ECF No. 6) is ADOPTED and AFFIRMED. This action is hereby DISMISSED for failure to prosecute.
Petitioner has failed 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 Clerk is DIRECTED to enter final judgment.
IT IS SO ORDERED.
/s/_________
ALGENON L. MARBLEY
United States District Judge