Opinion
CIVIL ACTION NO. 10-148-DLB
04-23-2012
ALPHONZO R. MORTON PETITIONER v. COOKIE CREWS, WARDEN RESPONDENT Kentucky State Reformatory
ORDER AND JUDGMENT
This matter is before the Court on the March 27, 2012 Report and Recommendation (R&R) of the United States Magistrate Judge (Doc. # 20) wherein he recommends that Petitioner's Petition for Writ of Habeas Corpus (Doc. # 1) pursuant to 28 U.S.C. § 2254 be denied because the claims are either procedurally defaulted, without merit, or not cognizable in a federal habeas corpus action. No objections to the R&R having been filed, and the time to do so having now expired, the R&R is ripe for the Court's consideration.
Petitioner's objections were due April 13, 2012. However, out of an abundance of caution and due to Petitioner's pro se status, the Court waited an additional ten days for Petitioner to file objections.
The Court having reviewed the entire record and the R&R, and concluding that the R&R is sound in all respects, including the recommended disposition, and being otherwise sufficiently advised,
IT IS ORDERED AND ADJUDGED that:
(1) the Report and Recommendation of the United States Magistrate Judge (Doc. # 20) is hereby ADOPTED as the findings of fact and conclusions of
law of the Court;
(2) Alphonzo R. Morton's Petition for Writ of Habeas Corpus (Doc. # 1) pursuant to 28 U.S.C. § 2254 is hereby DENIED;
(3) This matter is hereby DISMISSED and STRICKEN from the docket of the Court; and
(4) That for the reasons set forth in the Magistrate Judge's R&R, the Court determines there would be no arguable merit for an appeal in this matter and, therefore, no certificate of appealability shall issue.
Signed By:
David L. Bunning
United States District Judge