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Sanford v. Bottoms

United States District Court, E.D. Kentucky, Central Division at Lexington

March 24, 2014

DOMINIQUE NATHANIEL SANFORD, Petitioner,
v.
WARDEN DAN BOTTOMS, Respondent.

ORDER

KAREN K. CALDWELL, Chief Judge.

This matter is before the Court on Petitioner Dominique Nathaniel Sanford's motion to proceed in forma pauperis (DE 2) and motion to withdraw his pending pro se petition under 28 U.S.C. § 2254 (DE 5). Consistent with local practice, this matter was referred to the United States Magistrate Judge for consideration.

The Magistrate Judge filed a Report and Recommendation on January 17, 2014. (DE 6). Based on review of the record and the applicable case law, the Magistrate Judge recommended that Sanford's motion to withdraw his pending petition be granted and his motion to proceed in forma pauperis be denied as moot. Although this Court would typically exercise de novo review of the portions of the Report and Recommendation to which objections are made, see 28 U.S.C. § 686(b)(1)(C), Sanford did not file any objections.

Thus, having reviewed the Report and Recommendation, this Court adopts the Magistrate Judge's proposed findings of fact and conclusions of law. Accordingly, IT IS ORDERED that

1. The Magistrate Judge's Report and Recommendation (DE 6) is ADOPTED as and for the opinion of the Court;

2. Sanford's motion to withdraw his pending pro se petition (DE 5) is GRANTED;

3. Sanford's motion to proceed in forma pauperis (DE 2) is DENIED AS MOOT; and

4. This is matter is DISMISSED WITHOUT PREJUDICE and STRICKEN from this Court's active docket.


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