Baker v. Commonwealth of Kentucky
MEMORANDUM OPINION AND ORDER: (1) The 26 Report and Recommendation of US Magistrate Judge Candace J. Smith is ADOPTED IN FULL as the findings of fact and conclusions of law of the Court. (2) Petitioner's 1 Petition for Writ of Habeas Corpus is DENIED. (3) A separate Judgment shall issue contemporaneously with this Memorandum Opinion and Order. Signed by Judge Joseph M. Hood on May 1, 2017. (AWD) cc: COR,Petitioner via US Mail
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
CENTRAL DIVISION at LEXINGTON
RICHARD ALLEN BAKER,
DAN BOTTOM, WARDEN,
Civil Case No.
MEMORANDUM OPINION & ORDER
Recommendation of United States Magistrate Judge Candace J. Smith
[DE 26], wherein she recommends that the Court deny Petitioner
Richard Allen Baker’s Petition for Writ of Habeas Corpus pursuant
In that Report, filed on February 14, 2017, Judge
Smith advised Petitioner that Objections thereto were due within
fourteen days, or further appeal would be waived.
has now expired, and Petitioner has filed no Objections.
determination of those portions of the report or specified proposed
findings or recommendations made by the magistrate judge.”
U.S.C. § 636.
However, when the petitioner 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
conclusions, under a de novo or any other standard.”
Arn, 474 U.S. 140, 150 (1985).
Consequently, and in the absence
of any objections from Petitioner, this Court adopts the wellarticulated and detailed reasoning set forth in the Report and
Recommendation as its own.
Finally, the Magistrate Judge recommends that no certificate
of appealability should issue in this matter.
“A certificate of
appealability may issue . . . only if the applicant has made a
substantial showing of the denial of a constitutional right.”
Defendant must be able to show that reasonable jurists could find
underlying federal constitutional claim, not the resolution of
Miller-El v. Cockrell, 537 U.S. 322, 342 (2003).
undersigned adopts the Report and Recommendation on this issue,
and concludes that no certificate should issue as Petitioner cannot
make a substantial showing of the denial of a constitutional right.
Accordingly, IT IS ORDERED as follows:
The Report and Recommendation [DE 26] of United States
Magistrate Judge Candace J. Smith is hereby ADOPTED IN FULL as the
findings of fact and conclusions of law of the Court;
Petitioner Richard Allen Baker’s Petition for Writ of
Habeas Corpus pursuant to 28 U.S.C. 2254 [DE 1] is hereby DENIED;
A separate Judgment shall issue contemporaneously with
this Memorandum Opinion and Order.
This the 1st day of May, 2017.
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