Gaskins v. Palmer

Filing 12

ORDER Adopting 11 Report and Recommendation, Denying Petition for Habeas Corpus, Denying Petitioner a Certificate of Appealability, and Denying Petitioner Leave to Proceed In forma Pauperis on Appeal. Signed by District Judge Thomas L Ludington. (CGre)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN NORTHERN DIVISION JEFFREY GASKINS, Petitioner, v. BARRY D. DAVIS, Respondent. _______________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION, DENYING PETITION FOR HABEAS CORPUS, DENYING PETITIONER A CERTIFICATE OF APPEALABILITY, AND DENYING PETITIONER LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL This matter is before the Court on a report issued by Magistrate Judge Paul Komives on July 26, 2010. Judge Komives recommends denying Petitioner's application for a writ of habeas corpus and dening Petitioner a certificate of appealability. As of today's date, no party has filed any objections to the magistrate judge's report and recommendation. The election to not file objections to the magistrate judge's report releases the Court from its duty to independently review the record. Thomas v. Arn, 474 U.S. 140, 149 (1985). Accordingly, it is ORDERED that the magistrate judge's report and recommendation [Dkt # 11] is ADOPTED. It is further ORDERED that the petition for writ of habeas corpus [Dkt. # 1] is DENIED. It is further ORDERED that Petitioner is DENIED a certificate of appealability. Case Number 09-14253-BC Honorable Thomas L. Ludington Magistrate Judge Paul J. Komives

It is further ORDERED that Petitioner is DENIED leave to proceed in forma pauperis on appeal, because the appeal would be frivolous. See Fed. R. App. P. 24(a). s/Thomas L. Ludington THOMAS L. LUDINGTON United States District Judge Dated: August 24, 2010
PROOF OF SERVICE The undersigned certifies that a copy of the foregoing order was served upon each attorney or party of record herein by electronic means or first class U.S. mail on August 24, 2010. s/Tracy A. Jacobs TRACY A. JACOBS