Damrell v. Litteral

Filing 52

ORDER : 1) the Report and Recommendation (DE 44 ) is ADOPTED as the Court's opinion; 2) Damrell's petition for habeas relief under 28 U.S.C. § 2254 (DE 1 ) is DENIED; 3) a certificate of appealability will not be issued; 4) a judgment consistent with this order and the Report and Recommendation will be entered. Signed by Judge Karen K. Caldwell on 1/17/20.(SYD)cc: CORand Brian Keith Damrell by US Mail

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
SOUTHERN DIVISION -- AT LONDON
BRIAN KEITH DAMRELL,

CIVIL ACTION NO. 6:16-CV-161-KKC

Petitioner,
V.

ORDER

JAMES DAVID GREEN, Warden,
Respondent.
*** *** ***
This matter is before the Court on petitioner Brian Keith Damrell’s petition for a
writ of habeas corpus (DE 1) under 28 U.S.C. § 2254 and the magistrate judge’s
recommendation that the petition be denied (DE 44).
After a jury trial, Damrell was convicted in Kentucky state court of operating an
ATV on a public roadway, fleeing or evading police in the second degree, and manufacturing
methamphetamine, second or subsequent offense. The state court sentenced him to 20
years in prison.
The magistrate judge has entered a recommendation that Damrell’s petition for
habeas relief in this Court be denied. The Court has granted Damrell multiple extensions of
time to file objections. The most recent deadline imposed by the Court was January 6, 2020.
Damrell did not file any objections. Further, the Court has reviewed the recommendation
and agrees with its analysis and conclusions.
Accordingly, the Court hereby ORDERS as follows:
1) the Report and Recommendation (DE 44) is ADOPTED as the Court’s opinion;
2) Damrell’s petition for habeas relief under 28 U.S.C. § 2254 (DE 1) is DENIED;

3) a certificate of appealability will not be issued, Damrell having failed to make “a
substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2);
and
4) a judgment consistent with this order and the Report and Recommendation will be
entered.

Dated January 17, 2020

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