Opinion
Case No. 2:08-cr-238 Case No. 2:10-cr-64 Case No. 2:10-cr-65
11-02-2018
Abdullah M. Muslim, Petitioner, v. United States of America, Respondent.
Magistrate Judge Chelsey M. Vascura OPINION AND ORDER
On October 11, 2018, the Magistrate Judge issued a Report and Recommendation ("R&R") recommending that Petitioner's motion to vacate under 28 U.S.C. § 2255 be transferred as a successive petition to the United States Court of Appeals for the Sixth Circuit. ECF No. 42. Although the parties were advised of the right to object to the R&R, and of the consequences of failing to do so, no objections have been filed. The R&R, ECF No. 42, is therefore, ADOPTED and AFFIRMED. This action is hereby DISMISSED.
Pursuant to 28 U.S.C. § 2253(c)(1)(B), the Court must also assess whether to issue a certificate of appealability. Rule 11 of the Rules Governing Section 2255 Proceedings for the United States District Courts states that "[t]he district court must issue or deny a certificate of appealability when it enters a final order adverse to the applicant." Petitioner has waived, however, the right to file an appeal by failing to file objections to the Magistrate Judge's recommendations. See Thomas v. Arn, 474 U.S. 140, 147 (1985); United States v. Walters, 638 F. 2d 947, 950 (6th Cir. 1981). The Court therefore declines to issue a certificate of appealability.
IT IS SO ORDERED.
/s/ _________
MICHAEL H. WATSON, JUDGE
UNITED STATES DISTRICT COURT