Sapp v. Helton
Sapp v. Helton
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY NORTHERN DIVISION at ASHLAND
TODD A. SAPP, ) ) Petitioner, ) Civil Case No. ) 0:20-cv-2-JMH-MAS v. ) ) MEMORANDUM OPINION KEITH HELTON, Warden, ) AND ORDER ) Respondent. )
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This matter comes before the Court on Petitioner Todd A. Sapp’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 Matthew A. Stinnett for initial scrutiny, and he has recommended dismissal of the Petition [DE 1]. [DE 9]. Although afforded the opportunity to do so, Sapp has failed to object to Magistrate Judge Stinnett’s Report and Recommendation [DE 9]. As stated in Magistrate Judge Stinnett’s Report and Recommendation [DE 9], “Failure to make a timely 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 9, at 2 (citing Thomas v. Arn,
474 U.S. 140, 155(1985); United States v. Walters,
638 F.2d 947, 950(6th Cir. 1981))]. Accordingly, IT IS ORDERED as follows: (1) United States Magistrate Judge Matthew A. Stinnett’s Report and Recommendation [DE 9] is ACCEPTED and ADOPTED in its entirety as the Opinion of the Court; (2) Petitioner Todd A. Sapp’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 16th day of February, 2021. ees, Signed By:
“Sse” □□ Senior U.S. District Judge
Reference
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