Lambert v. Commonwealth of Kentucky

Filing 18

ORDER ADOPTING REPORT AND RECOMMENDATIONS: The Report & Recommendation be, and it hereby is adopted as the findings of fact and conclusions of law of this Court; that the petition for writ of habeas corpus be and it hereby is denied; that this matter be dismissed, without prejudice, and stricken from the docket of this court. A separate Judgment shall enter concurrently herewith. It is further ordered that in light of the reasons stated in the R&R, there wo uld be no arguable merit for an appeal in this matter and, therefore, an appeal would not be taken in "good faith" within the meaning of Section 1915(a), and no Certificate of Appealability shall issue herein and petitioner should therefore not be permitted to proceed in forma pauperis. Signed by Judge William O. Bertelsman on 9/19/13.(KSS)cc: COR, Lambert (via US Mail)

Eastern Diatrtot of Kentucky

'I LED
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
NORTHERN DIVISION AT ASHLAND

SEP 19 2013
AT COVINGTON

ROBERT R. CARR

CLERK U.S. DISTRICT COURT

CIVIL ACTION NO. 2013-81- WOB
PETITIONER

GRANT LAMBERT
ORDER

VS.

RESPONDENT

TERRY ELDER, JAILER

This matter is before the Court on the Report and
Recommendation (Doc. 17)

the Magistrate Judge, and

petitioner having filed no objections thereto, and the
Court being sufficiently advised,
IT IS ORDERED that the Report and Recommendation be,
and it hereby is, adopted as the findings of fact and
conclusions of law of this Court; that the

ition for

writ of habeas corpus be, and it hereby is, denied; that
this matter be dismissed, without prejudice, and stricken
from the docket of this court.

A separate Judgment shall

enter concurrently herewith.
IT IS FURTHER ORDERED that, in light of the reasons
stated in the Report and Recommendation of the Magistrate
Judge, there would be no arguable merit

an appeal in

this matter and, therefore, an appeal would not

taken

"good faith" within the meaning of Section 1915(a), and no

Certificate of Appealabil

y shall issue herein and

itioner should therefore not be permitted to proceed in

forma pauperis.

This 19th day of September, 2013.
Signed By:

WlU/am Or Bertelsman

Y/0fJ

United Slates District Judge

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