Filed: May 02, 2018
Latest Update: May 02, 2018
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION DAVID L. BUNNING , District Judge . This matter is before the Court upon the Report and Recommendation (R&R) of United States Magistrate Judge Robert E. Wier (Doc. # 13), wherein he recommends that Petitioner Benny E. McKenzie's Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. 2254 (Doc. # 1) be denied without prejudice, with no certificate of appealability to issue. Petitioner having failed to file any Objections to Judge Wier's R&R, an
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION DAVID L. BUNNING , District Judge . This matter is before the Court upon the Report and Recommendation (R&R) of United States Magistrate Judge Robert E. Wier (Doc. # 13), wherein he recommends that Petitioner Benny E. McKenzie's Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. 2254 (Doc. # 1) be denied without prejudice, with no certificate of appealability to issue. Petitioner having failed to file any Objections to Judge Wier's R&R, and..
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ORDER ADOPTING REPORT AND RECOMMENDATION
DAVID L. BUNNING, District Judge.
This matter is before the Court upon the Report and Recommendation (R&R) of United States Magistrate Judge Robert E. Wier (Doc. # 13), wherein he recommends that Petitioner Benny E. McKenzie's Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (Doc. # 1) be denied without prejudice, with no certificate of appealability to issue. Petitioner having failed to file any Objections to Judge Wier's R&R, and the time to do so having now expired, the R&R is ripe for review.
The Court having reviewed the R&R, and concluding that it is sound in all respects, and being otherwise sufficiently advised;
IT IS ORDERED as follows:
(1) Magistrate Judge Wier's Report and Recommendation (Doc. # 13) is hereby adopted as the findings of fact and conclusions of law of the Court;
(2) Petitioner Benny E. McKenzie's Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (Doc. # 1) is hereby denied;
(3) For the reasons set forth in Magistrate Judge Wier's Report and Recommendation (Doc. # 13), no certificate of appealability shall issue;
(4) This matter is dismissed and stricken from the Court's active docket; and
(5) A Judgment shall be entered contemporaneously herewith.
