Opinion
Criminal No. 5:15-cr-052-JMH-CJS Civil No. 5:18-cv-558-JMH-CJS
09-11-2019
UNITED STATES OF AMERICA, Plaintiff, v. STEPHEN BERNARD PEAKE, Defendant.
MEMORANDUM OPINION AND ORDER
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Stephen Bernard Peake filed a Motion to Vacate, Amend, or Correct Sentence Pursuant to 28 U.S.C. § 2255. [DE 94]. This matter was referred to United States Magistrate Judge Candace J. Smith for initial scrutiny, and she has recommended dismissal of the Motion to Vacate [DE 94]. [DE 112]. Although afforded the opportunity to do so, Peake has failed to object to Magistrate Judge Smith's Report and Recommendation [DE 112]. As stated in Magistrate Judge Smith's Report and Recommendation [DE 112], "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 112 (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 Candace J. Smith's Report and Recommendation [DE 112] is ACCEPTED and ADOPTED in its entirety as the Opinion of the Court;
(2) Stephen Bernard Peake's Motion to Vacate, Amend, or Correct Sentence Pursuant to 28 U.S.C. § 2255 [DE 94], including his request for an evidentiary hearing, 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 the 11th day of September, 2019.
Signed By:
Joseph M . Hood
Senior U.S. District Judge