Martinez-Aguilar v. Commonwealth of Kentucky

Filing 4

ORDER:(1) Magistrate Judge Ingram's Recommended Disposition, R. 3 , is ADOPTED as the opinion of this Court. (2) The petition for writ of habeas corpus, R. 1 , is DISMISSED WITHOUT PREJUDICE. Signed by Judge Amul R. Thapar on 10/14/2014.(AKR)cc: papercopy to petitioner via US Mail

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
CENTRAL DIVISION
FRANKFORT
RAFAEL MARTINEZ-AGUILAR,
Petitioner,
v.
COMMONWEALTH OF KENTUCKY,
Respondent.

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Civil No. 14-55-ART

ORDER

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Rafael Martinez-Aguilar filed a petition for a writ of habeas corpus under 28 U.S.C.
§ 2254.

R. 1.

On September 18, 2014, Magistrate Judge Hanly Ingram filed a

Recommended Disposition advising the Court to dismiss the petition without prejudice.
R. 3.

Martinez-Aguilar did not file any objections to Magistrate Judge Ingram’s

Recommended Disposition, and now the period to file objections has passed. 28 U.S.C.
§ 636(b)(1); see also R. 3 at 3 (explaining that pursuant to the Rules Governing Section 2254
Proceedings, Rule 8(b), the petitioner must file objections within fourteen days of service of
the recommended disposition). Martinez-Aguilar has therefore waived his right to object to
the recommended disposition, and his right to further appeal the decision. See Thomas v.
Arn, 474 U.S. 140, 155 (1985); see also Churn v. Grant, 77 F.3d 482 (6th Cir. 1996).
Accordingly, it is ORDERED that:
(1)

Magistrate Judge Ingram’s Recommended Disposition, R. 3, is ADOPTED as
the opinion of this Court.

(2)

The petition for writ of habeas corpus, R. 1, is DISMISSED WITHOUT
PREJUDICE.

This the 14th day of October, 2014.