Sapp v. Helton, No. 0:2020cv00002 - Document 10 (E.D. Ky. 2021)
Court Description: MEMORANDUM OPINION & ORDER: (1) US Magistrate Judge Matthew A. Stinnett's Report and Recommendation (DE 9 ) is ACCEPTED and ADOPTED in itsentirety as the Opinion of the Court; (2) Petitioner Todd A. Sapp's Petition for a Writ of Habeas Corpus under 28:2254 (DE 1 ) is DENIED; (3) This action is DISMISSED and STRICKEN from Court's docket; (4) No certificate of appealability shall issue; and (5) Judgment shall be entered contemporaneously with the present Memorandum Opinion and Order. Signed by Judge Joseph M. Hood on 2/16/2021. (TDA) cc: COR and Todd Sapp by US Mail
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Sapp v. Helton Doc. 10 Case: 0:20-cv-00002-JMH-MAS Doc #: 10 Filed: 02/16/21 Page: 1 of 2 - Page ID#: 49 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY NORTHERN DIVISION at ASHLAND ) ) ) ) ) ) ) ) ) TODD A. SAPP, Petitioner, v. KEITH HELTON, Warden, Respondent. Civil Case No. 0:20-cv-2-JMH-MAS MEMORANDUM OPINION AND ORDER *** This matter comes before the Court on Petitioner Todd A. Sapp’s Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2254. [DE 1]. This matter was referred to United States Magistrate Judge Matthew A. Stinnett for initial scrutiny, and he has recommended dismissal of the Petition [DE 1]. [DE 9]. Although afforded the opportunity to do so, Sapp has failed to object to Magistrate Judge Stinnett’s Report and Recommendation [DE 9]. As stated in Magistrate Judge Stinnett’s Report and Recommendation [DE 9], “Failure to make a timely objection consistent with [28 U.S.C. § 636(b)(1)] and [Rules Governing Section 2255 Proceedings for the United States District Courts, Rule 8(b)] may, and normally will, result in waiver of further appeal to or review by the District Judge and Court of Appeals.” [DE 9, at 2 (citing Thomas v. Arn, 474 U.S. 140, 155 (1985); 1 Dockets.Justia.com Case: 0:20-cv-00002-JMH-MAS Doc #: 10 Filed: 02/16/21 Page: 2 of 2 - Page ID#: 50 United States v. Walters, 638 F.2d 947, 950 (6th Cir. 1981))]. Accordingly, IT IS ORDERED as follows: (1) United States Magistrate Judge Matthew A. Stinnett’s Report and Recommendation [DE 9] is ACCEPTED and ADOPTED in its entirety as the Opinion of the Court; (2) Petitioner Todd A. Sapp’s Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2254 [DE 1] is DENIED; (3) This action is DISMISSED and STRICKEN from the Court’s docket; (4) No certificate of appealability shall issue; and (5) Judgment shall be entered contemporaneously with the present Memorandum Opinion and Order. This 16th day of February, 2021. 2
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