Sapp v. Helton

Filing 10

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

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

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.

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