Lamb v. Jones

Filing 108

ORDER Adopting 106 Report and Recommendation re 104 Motion Pursuant to Rule 60(b); and Denying Motion for Certificate of Appealability, and Motion to Proceed in forma pauperis. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION DAVID LAMB, Petitioner, v. CARMEN PALMER, Respondent, ____________________________/ ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION The Court having reviewed the Report and Recommendation filed January 21, 2010 by Magistrate Judge Paul J. Komives, as well as Petitioner's Objections filed on February 10, 2010, and being fully advised in the premises; IT IS HEREBY ORDERED that the Report and Recommendation is ADOPTED as the findings and conclusions of this Court. IT IS FURTHER ORDERED that Petitioner's Motion for Relief from Judgment pursuant to Rule 60(b) is DENIED. IT IS FURTHER ORDERED that Petitioner's Motion for a Certificate of Appealability is DENIED; and Petitioner's Motion for Leave to Proceed in forma pauperis is DENIED as moot. s/John Corbett O'Meara United States District Judge Date: March 01, 2010 Case No. 03-73587 Honorable John Corbett O'Meara

Certificate of Service I hereby certify that a copy of the foregoing order was served upon Respondent electronically and upon Petitioner at Newberry Correctional Facility, 3001 Newberry Avenue, Newberry, MI 49868 by U.S. mail. s/William Barkholz Case Manager

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