Sanford v. Bottoms

Filing 5

MEMORANDUM OPINION & ORDER: 1) The Magistrate Judge's 4 REPORT AND RECOMMENDATION is ACCEPTED and ADOPTED. 2) Pet's 1 Petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254 is DISMISSED WITHOUT PREJUDICE. 3) No certificate of appealability will issue; and 4) Clerk shall STRIKE this matter from the active docket. Signed by Judge Joseph M. Hood on 08/07/2013. (KLB) cc: COR

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
CENTRAL DIVISION at LEXINGTON
DOMINIQUE NATHANIEL SANFORD,
Plaintiff,
v.
WARDEN DAN BOTTOMS,
Defendant.

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Civil Case No.
13-cv-83-JMH-HAI
MEMORANDUM OPINION & ORDER

***

This

matter

is

before

the

Court

on

the

Report

and

Recommendation entered by Magistrate Judge Hanley A. Ingram [DE
4], on July 9, 2013.

Said action was assigned to the magistrate

judge for the purpose of conducting a preliminary review of
Petitioner Dominique Nathaniel Sandford’s Petition for a writ of
habeas corpus pursuant to 28 U.S.C. § 2254 [DE 1], filed pro se.
See Rule 4 of the Rules Governing Section 2254 Proceedings.

The

magistrate judge recommends that the petition be dismissed as
improperly filed since it did not comply with Rule 2(c) of the
Rules Governing Section 2254 Proceedings and that no Certificate
of Appealability should issue.
No objections to the Report and Recommendation have been
filed.

Generally, “a judge of the court shall make a de novo

determination
proposed

of

findings

those
or

portions

of

recommendations

the

report

made

by

or

the

specified
magistrate

judge.”

28 U.S.C. § 636.

However, when the movant fails to

file any objections to the Report and Recommendation, as in the
case sub judice, “[i]t does not appear that Congress intended to
require district court review of a magistrate’s factual or legal
conclusions, under a de novo or any other standard.”

Thomas v.

Arn, 474 U.S. 140, 150 (1985).
Consequently, this Court adopts the reasoning and analysis
set forth in the Report and Recommendation as its own.
Accordingly, IT IS ORDERED:
(1)

that the Magistrate Judge’s Report and Recommendation

[DE 4] is ACCEPTED and ADOPTED;
(2)
pursuant

that Petitioner’s Petition for a writ of habeas corpus
to

28

U.S.C.

§

2254

[DE

1]

is

DISMISSED

WITHOUT

PREJUDICE;
(3)

that no certificate of appealability will issue; and

(4)

that

the

Clerk

shall

STRIKE

active docket.
This the 7th day of August, 2013.

this

matter

from

the