Cole v. Ormond

Filing 7

MEMORANDUM OPINION AND ORDER: IT IS ORDERED as follows: (1) United States Magistrate Judge Candace J. Smith's Report and Recommendation [DE 5] is ACCEPTED and ADOPTED in its entirety as the Opinion of the Court; (2) Petitioner Timmie D. Cole, Sr.'s Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2254 [DE 1] is DENIED; (3) This action is DISMISSED and STRICKEN from the Court's docket; (4) No certificate of appealability shall issue; and (5) Judgment shall be entered contemporaneously with the present Memorandum Opinion and Order. Signed by Judge Joseph M. Hood on 03/05/2020.(KJA)cc: COR and Timmie D. Cole, Sr. by US Mail

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
SOUTHERN DIVISION at LONDON
TIMMIE D. COLE, SR.,

)
)
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)
)
)
)
)
)

Petitioner,
v.
WARDEN J. RAY ORMOND,
Respondent.

Civil Case No.
6:17-cv-346-JMH-CJS
MEMORANDUM OPINION
AND ORDER

***
This matter comes before the Court on Petitioner Timmie D.
Cole, Sr.’s Petition for a Writ of Habeas Corpus under 28 U.S.C.
§

2254.

[DE

1].

This

matter

was

referred

to

United

States

Magistrate Judge Candace J. Smith for initial scrutiny, and she
has

recommended

dismissal

of

the

Petition

[DE

1].

[DE

5].

Although afforded the opportunity to do so, Cole has failed to
object to Magistrate Judge Smith’s Report and Recommendation [DE
5].

As

stated

Recommendation

[DE

in

Magistrate

5],

“Failure

Judge
to

make

Smith’s
a

Report

timely

and

objection

consistent with [28 U.S.C. § 636(b)(1)] and [Rules Governing
Section 2255 Proceedings for the United States District Courts,
Rule 8(b)] may, and normally will, result in waiver of further
appeal to or review by the District Judge and Court of Appeals.”
[DE 5, at 11-12 (citing Thomas v. Arn, 474 U.S. 140, 155 (1985);

1

United States v. Walters, 638 F.2d 947, 950 (6th Cir. 1981)].
Accordingly,
IT IS ORDERED as follows:
(1)

United

States

Magistrate

Judge

Candace

J.

Smith’s

Report and Recommendation [DE 5] is ACCEPTED and ADOPTED in its
entirety as the Opinion of the Court;
(2) Petitioner Timmie D. Cole, Sr.’s Petition for a Writ of
Habeas Corpus under 28 U.S.C. § 2254 [DE 1] is DENIED;
(3) This action is DISMISSED and STRICKEN from the Court’s
docket;
(4) No certificate of appealability shall issue; and
(5) Judgment shall be entered contemporaneously with the
present Memorandum Opinion and Order.
This the 5th day of March, 2020.

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