UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY CENTRAL DIVISION (at Lexington)

UNITED STATES OF AMERICA, ) ) Criminal Action No. 5: 21-074-DCR Plaintiff/Respondent, ) and ) Civil Action No. 5: 24-277-DCR V. ) ) BUD HEMBREE, ) MEMORANDUM ORDER ) Defendant/Movant. )

*** *** *** *** Defendant/Movant Bud Hembree has filed a motion seeking to vacate, set aside, or correct his sentence pursuant to

. [Record No. 260] Consistent with local practice, the matter was referred to a United States Magistrate Judge for preparation of a Report and Recommendation (“R&R”). On February 12, 2025, United States Magistrate Judge Edward B. Atkins issued his R&R, recommending the denial of Hembree’s motion. [Record No. 274] Neither party filed timely objections to the R&R. This Court must make a de novo determination of those portions of the magistrate judge’s recommendation to which objections are made. See

(b)(1)(C). However, “[i]t does not appear that Congress intended to require district court review of a magistrate’s factual or legal conclusions, under a de novo or any other standard, when neither party objects to those findings.” Thomas v. Arn,

(1985). Accordingly, the R&R will be adopted and the relief sought by the defendant will be denied. The undersigned also concludes that a Certificate of Appealability should not issue under

(c). A certificate of appealability should be granted “only if the applicant has made a substantial showing of the denial of a constitutional right.”

(c)(2). To make such a showing, a movant must show that “reasonable jurists would find the district court’s assessment of the constitutional claims debatable or wrong.” Slack v. McDaniel,

(2000); Miller-El v. Cockrell,

(2003). Here, reasonable jurists would not find the denial of Hembree’s claims to be debatable or wrong, as none present a close question. Based on the foregoing, it is hereby ORDERED as follows: 1. United States Magistrate Judge Edward B. Atkins’ Report and Recommendation [Record No. 274] is ADOPTED and INCORPORATED by reference. 2. Defendant/Movant Bud Hembree’s motion to vacate, set aside, or correct his sentence [Record No. 260] is DENIED. 3. Defendant/Movant Hembree’s claims are DISMISSED, with prejudice, and his collateral proceeding [Civil Action No. 5: 24-277] is STRICKEN from the docket. 3. A Certificate of Appealability will not issue. Dated: March 5, 2025.

‘ Dy □□ Danny C. Reeves, District Judge Wea Ky United States District Court <a Eastern District of Kentucky

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