Wheeler v. Holland

Filing 3

ORDER: (1) This Court ACCEPTS and ADOPTS the Magistrate Judge's report and recommendation, R. 8 . (2) The petition for a writ of habeas corpus under 28 U.S.C. § 2254, R. 1 , is DENIED WITH PREJUDICE. (3) A certificate of appealabil ity shall not issue. See 28 U.S.C. § 2253(c). (4) The Clerk shall STRIKE this case from this Court's active docket. (5) This Court will enter a separate Judgment.re 1 Petition for Writ of Habeas Corpus, filed by Eric Wheeler. Case Terminated. Signed by Judge Amul R. Thapar on 6/13/2013. (RBB)cc: COR (paper copy to pro se party, Eric Wheeler, via US Mail)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
SOUTHERN DIVISION
LONDON
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ERIC WHEELER,
Petitioner,
v.
J.C. HOLLAND, WARDEN,
Respondent.

Civil No. No. 13-58-ART

ORDER

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Petitioner Eric Wheeler filed a petition for a writ of habeas corpus under 28 U.S.C. §
2254. R. 1. Magistrate Judge Candace J. Smith screened Wheeler’s petition to determine
whether it “plainly appear[ed] from the petition and any attached exhibits that [Wheeler] is
not entitled to relief in the district court.” R. Governing § 2254 and 2254 Cases 4. The
Magistrate Judge recommended that this Court deny Wheeler’s petition and deny a certificate
of appealability. R. 8 at 9; see also R. Governing § 2254 and 2254 Cases 4 (requiring a court
to dismiss a petition when the petitioner is plainly not entitled to relief). Wheeler did not file
an objection to the Magistrate Judge’s report and recommendation, and the time for him to
file any objections has expired. 28 U.S.C. § 636(b); see also R. 8 at 9 (explaining that
Wheeler had fourteen days to file an objection). Wheeler has therefore waived his right to
object to the report and recommendation. See Keeling v. Warden, Lebanon Corr. Inst., 673
F.3d 452, 458 (6th Cir. 2012).
Accordingly, it is ORDERED that:

(1)

This Court ACCEPTS and ADOPTS the Magistrate Judge’s report and
recommendation, R. 8.

(2)

The petition for a writ of habeas corpus under 28 U.S.C. § 2254, R. 1, is
DENIED WITH PREJUDICE.

(3)

A certificate of appealability shall not issue. See 28 U.S.C. § 2253(c).

(4)

The Clerk shall STRIKE this case from this Court’s active docket.

(5)

This Court will enter a separate Judgment.

This the 13th day of June, 2013.

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