Opinion
CIVIL ACTION NO. 3:14-CV-00638-JGH
03-17-2015
NORMAN DUKES, III PETITIONER v. AARON SMITH, Warden, Kentucky State Reformatory RESPONDENT
cc: Norman Dukes, III, Pro Se Counsel of Record Magistrate Judge Dave Whalin
MEMORANDUM OPINION AND ORDER
Petitioner, Norman Dukes, is a Kentucky prisoner who filed a petition for writ of habeas corpus pursuant to 28 U.S.C. §2241. The petition challenged the refusal of Respondent to credit Dukes' current sentence of imprisonment with three years and four months of time that Dukes previously spent on parole supervision. Respondent denied Petitioner's request for such credit.
Upon filing the petition, the matter was submitted to the Magistrate Judge who issued Findings of Fact, Conclusions of Law and a recommendation that the petition be dismissed with prejudice and that Petitioner be denied a certificate of appealability. Petitioner has not responded or otherwise objected to the Magistrate Judge's report. The Court has reviewed the Magistrate Judge's recommendation and agrees with it completely.
Being otherwise sufficiently advised,
IT IS HEREBY ORDERED that the petition pursuant to 28 U.S.C. §2241 is DISMISSED WITH PREJUDICE and Petitioner is DENIED a certificate of appealability.
This is a final and appealable order.
March 17, 2015
/s/
John G. Heyburn II
Senior Judge, U.S. District Court
cc: Norman Dukes, III, Pro Se
Counsel of Record
Magistrate Judge Dave Whalin