Opinion
CIVIL ACTION NO. 19-39-DLB-CJS
04-28-2020
MICHAEL DEWAYNE PADGETT PETITIONER v. DEEDRA HART RESPONDENT
ORDER ADOPTING REPORT AND RECOMMENDATION
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This matter is before the Court upon the Report and Recommendation (R&R) of United States Magistrate Judge Candace J. Smith (Doc. # 14), wherein she recommends that Petitioner Michael Dewayne Padgett's Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (Doc. # 1) be dismissed with no certificate of appealability to issue and that Respondent DeEdra Hart's Motion to Dismiss (Doc. # 13) be denied as moot. Petitioner having failed to file any Objections to Judge Smith'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 Smith's Report and Recommendation (Doc. # 14) is hereby adopted as the findings of fact and conclusions of law of the Court;
(2) Petitioner Michael Dewayne Padgett'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 Smith's Report and Recommendation (Doc. # 14), no certificate of appealability shall issue;
(4) Respondent DeEdra Hart's Motion to Dismiss (Doc. # 13) is denied as moot;
(5) This matter is dismissed and stricken from the Court's active docket; and
(6) A Judgment shall be entered contemporaneously herewith.
This 28th day of April, 2020.
Signed By:
David L . Bunning
United States District Judge