UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY SOUTHERN DIVISION at LONDON

TIMMIE D. COLE, SR., ) ) Petitioner, ) Civil Case No. ) 6:17-cv-346-JMH-CJS v. ) ) MEMORANDUM OPINION WARDEN J. RAY ORMOND, ) AND ORDER ) Respondent. )

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

. [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 in Magistrate Judge Smith’s Report and Recommendation [DE 5], “Failure to make a timely objection consistent with [

(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,

(1985); United States v. Walters,

(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

[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. ees, Signed By:

“Sse” □□ Senior U.S. District Judge