govinfo:USCOURTS-kyed-5_17-cr-00096-1

1 
 
UNITED STATES DISTRICT COURT 
EASTERN DISTRICT OF KENTUCKY 
CENTRAL DIVISION at LEXINGTON 
 
 
UNITED STATES OF AMERICA, 
 
Plaintiff, 
 
v. 
 
GARY L. THOMAS, 
 
Defendant. 
 
) 
) 
) 
) 
) 
) 
) 
) 
) 
 
Criminal Case No.  
5:17-cr-96-JMH-CJS 
 
Civil Case No. 
5:20-cv-373-JMH-CJS 
 
MEMORANDUM OPINION  
AND ORDER 
 
 *** 
 
Gary L. Thomas filed a Motion to Vacate, Amend, or Correct 
Sentence Pursuant to 28 U.S.C. § 2255. [DE 32]. This matter was 
referred to United States Magistrate Judge Candace J. Smith for 
initial scrutiny, and she has recommended the Motion to Vacate 
[DE 32] be denied because it was untimely filed. [DE 41]. 
Although afforded the opportunity to do so, Thomas has failed to 
object to Magistrate Judge Smith’s Report and Recommendation [DE 
41]. As stated in Magistrate Judge Smith’s Report and 
Recommendation [DE 41], “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 41, at 8 (citing  Thomas v. Arn , 474 U.S. 140, 155 (1985); 
Case: 5:17-cr-00096-GFVT-MAS     Doc #: 42     Filed: 09/10/21     Page: 1 of 2 - Page
ID#: <pageID>
2 
 
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 41] is ACCEPTED and ADOPTED in its 
entirety as the Opinion of the Court; 
(2) Gary L. Thomas’s Motion to Vacate, Amend, or Correct 
Sentence Pursuant to 28 U.S.C. § 2255 [DE 32] 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 entere d contemporaneously with the 
present Memorandum Opinion and Order. 
This 10th day of September, 2021.  
 
 
 
 
 
 
Case: 5:17-cr-00096-GFVT-MAS     Doc #: 42     Filed: 09/10/21     Page: 2 of 2 - Page
ID#: <pageID>

Passage view · GavelSight