Gadd v. Smith

Filing 21

ORDER: Petitioner's objections to the Magistrate Judge's 19 Recommended Disposition are OVERRULED. The Recommended Disposition is ADOPTED as the findings of fact and conclusions of law of this Court. Petitioner's 1 Petition for Wr it of Habeas Corpus is DISMISSED as untimely, without prejudice and STRICKEN from the docket of this Court. No certificate of appealability shall issue. A separate Judgment shall enter concurrently herewith. Signed by Judge William O. Bertelsman on October 13, 2017. (AWD) cc: COR,Petitioner via US Mail

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
CENTRAL DIVISION AT LEXINGTON
CIVIL ACTION NO. 2017-57B WOB-HAI
OWEN RAY GADD
VS.

PETITIONER
ORDER

AARON SMITH, WARDEN

RESPONDENT

This matter is before the Court on the Recommended
Disposition (Doc. 19) of the Magistrate Judge, and having
considered de novo those objections filed thereto by
petitioner (Docs. 20), and the Court being sufficiently
advised,
IT IS ORDERED that petitioner’s objections to the
magistrate judge’s recommended disposition (Doc. 19) be,
and hereby are, overruled; that the Recommend Disposition
be, and it hereby is, adopted as the findings of fact and
conclusions of law of this Court; that petitioner’s
petition for writ of habeas corpus (Doc. 1) be, and it
hereby is, dismissed

as untimely, without prejudice, and

stricken from the docket of this court and that no
certificate of appealability shall issue. A separate
Judgment shall enter concurrently herewith.
This 13th day of October, 2017.