Morris v. Chapman, No. 6:2007cv00401 - Document 22 (E.D. Ky. 2011)

Court Description: OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATIONS for 21 Report and Recommendations: (1) The Magistrate Judge's Report and Recommendation [DE 21] is ADOPTED as and for the opinion of the Court; (2) Petitioner's petition for a writ of habeas corpus [DE 1 ] is DENIED; (3) A certificate of appealability SHALL NOT BE ISSUED; and (4) Judgment will be entered contemporaneously. Signed by Judge Karen K. Caldwell on 6/6/11.(SYD)cc: COR, mailed to pro se filer

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY SOUTHERN DIVISION at LONDON CIVIL ACTION NO. 07-401-KKC JOSEPH EDWARD MORRIS, PETITIONER v. OPINION & ORDER ARVIL CHAPMAN, WARDEN, RESPONDENT *** *** *** *** On November 19, 2007, Petitioner Joseph Edward Morris filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. ยง 2254 [DE 1]. Consistent with local practice, this matter was referred to the United States Magistrate Judge for consideration. The Magistrate Judge filed his Report and Recommendation on May 12, 2011 [DE 21]. Based on a review of the record and the applicable case law, the Magistrate Judge recommended that the petition for a writ of habeas corpus be dismissed as time barred and that a certificate of appealability be denied. Petitioner not having made any objections to the Magistrate Judge s findings, the Court hereby adopts the Magistrate Judge s Report and Recommendation [DE 21]. Accordingly, the Court HEREBY ORDERS that: (1) The Magistrate Judge s Report and Recommendation [DE 21] is ADOPTED as and for the opinion of the Court; (2) Petitioner s petition for a writ of habeas corpus [DE 1] is DENIED; (3) A certificate of appealability SHALL NOT BE ISSUED; and (4) Judgment will be entered contemporaneously with this Opinion and Order. Dated this 6th day of June, 2011.

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