Stacy v. Beckstrom

Filing 28

ORDER: (1) that the Magistrate Judge's Report and Recommendation [Docket No. 24 ] is hereby APPROVED and ADOPTED as and for the Court's opinion; and (2) Stacy's petition, including his requests therein for an evidentiary hearing and appointment of counsel be DENIED; (3) that this matter be DISMISSED WITH PREJUDICE; and (4) that no Certificate of Appealability will be granted. Signed by Judge Henry R. Wilhoit, Jr on 9/2/20.(JLM)cc: COR and Newell Stacy by US Mail

Case: 5:17-cv-00352-HRW-CJS Doc #: 28 Filed: 09/02/20 Page: 1 of 2 - Page ID#: 472

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
CENTRAL DIVISION
LEXINGTOM
Civil Action No. 17-352-HRW-CJS
NEWELL STACY,
v.

PETITIONER,
ORDER

KEVIN MAZZA, WARDEN,

RESPONDENT.

This is matter is before the Court upon Newell Stacy’s Petition for Writ of Habeas
Corpus pursuant to 28 U.S.C. ' 2254. The matter was referred to Magistrate Judge Candace J.
Smith. Magistrate Judge Smith recommends that the petition be denied. [Docket No. 24].
In her Report, Magistrate Judge Smith directed Stacy to file any objections within
fourteen (14) days after being served a copy of the Report and Recommendation. [Docket No.
24]. Instead, Stacy filed a Motion to Hold in Abeyance and/or Enlargement of Time to File
Objections which asked this Court to hold this matter in abeyance while he pursues state court
relief or to otherwise extend the time for him to file his objections to the Report and
Recommendation to August 31, 2020. [Docket No. 26].
By Order entered on August 20, 2020, this Court overruled the motion, finding no
justification to hold this matter in abeyance or extend the period of filing objections. [Docket No.
27]. Stacy has made no additional filings.
After carefully considering the record, the Court finds the Report and Recommendation
well taken and shall adopt the same as and for its own opinion.
Accordingly, IT IS HEREBY ORDERED:
(1)

that the Magistrate Judge=s Report and Recommendation [Docket No. 24] is

Case: 5:17-cv-00352-HRW-CJS Doc #: 28 Filed: 09/02/20 Page: 2 of 2 - Page ID#: 473

hereby APPROVED and ADOPTED as and for the Court’s opinion; and
(2)

Stacy’s petition, including his requests therein for an evidentiary hearing and
appointment of counsel be DENIED;

(3)

that this matter be DISMISSED WITH PREJUDICE; and

(4)

that no Certificate of Appealability will be granted.

This 2nd day of September 2020.