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Martinez-Aguilar v. Commonwealth

United States District Court, E.D. Kentucky, Central Division, Frankfort

October 14, 2014

RAFAEL MARTINEZ-AGUILAR, Petitioner,
v.
COMMONWEALTH OF KENTUCKY, Respondent.

ORDER

AMUL R. THAPAR, District Judge.

Rafael Martinez-Aguilar filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254. R. 1. On September 18, 2014, Magistrate Judge Hanly Ingram filed a Recommended Disposition advising the Court to dismiss the petition without prejudice. R. 3. Martinez-Aguilar did not file any objections to Magistrate Judge Ingram's Recommended Disposition, and now the period to file objections has passed. 28 U.S.C. § 636(b)(1); see also R. 3 at 3 (explaining that pursuant to the Rules Governing Section 2254 Proceedings, Rule 8(b), the petitioner must file objections within fourteen days of service of the recommended disposition). Martinez-Aguilar has therefore waived his right to object to the recommended disposition, and his right to further appeal the decision. See Thomas v. Arn, 474 U.S. 140, 155 (1985); see also Churn v. Grant, 77 F.3d 482 (6th Cir. 1996).

Accordingly, it is ORDERED that:

(1) Magistrate Judge Ingram's Recommended Disposition, R. 3, is ADOPTED as the opinion of this Court.
(2) The petition for writ of habeas corpus, R. 1, is DISMISSED WITHOUT PREJUDICE.

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