Smith v. Litteral

Filing 28

ORDER : the 27 Objections be, and are OVERRULED; and that the 26 Report and Recommendation be, and hereby is ADOPTED as the findings of fact and conclusions of law of this court; that the petition be and is denied and this matter be, and here by is DISMISSED with prejudice and STRICKEN from the docket of this Court. no Certificate of Appealability shall issue herein. A separate Judgment shall enter concurrently herewith. Signed by Judge William O. Bertelsman on 3/17/20.(JLS)cc: CORand John N. Smith by US Mail

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
NORTHERN DIVISION AT ASHLAND
CIVIL ACTION NO. 2017-04-WOB
JOHN N. SMITH
VS.

PETITIONER
ORDER

KATHY LITTERAL

RESPONDENT

This matter is before the Court on the Report and
Recommendation [26] of the Magistrate Judge, and having
considered de novo those objections filed thereto by
Petitioner [27], and the Court being sufficiently advised,
IT IS ORDERED that the objections be, and they hereby
are, overruled; 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 petition for
relief under 28 U.S.C. 2254 be, and it hereby is, denied
and this matter be, and hereby is dismissed with prejudice
and stricken from the docket of this Court. No Certificate
of Appealability shall issue herein.
A separate Judgment shall enter concurrently herewith.
This 17th day of March, 2020.