Steele v. Shoop

JUDGE JAMES L. GRAHAM

Magistrate Judge Kimberly A. Jolson
OPINION AND ORDER

On January 9, 2019, the Magistrate Judge issued a Report and Recommendation pursuant to Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts recommending that the petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 be transferred to the United States Court of Appeals for the Sixth Circuit as successive. (ECF No. 7.) Although the parties were advised of the right to file objections to the Magistrate Judge's Report and Recommendation, and of the consequences of failing to do so, no objections have been filed.

The Report and Recommendation (ECF No. 7) is ADOPTED and AFFIRMED. This action is hereby TRANSFERRED to the Sixth Circuit as a successive petition.

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 appealabililty.

IT IS SO ORDERED. Date: February 4, 2019

s/James L. Graham

JAMES L. GRAHAM

UNITED STATES DISTRICT JUDGE