Patterson v. McQuiggin

Filing 59

ORDER Adopting 55 Report and Recommendation, and Denying 52 Application to Proceed In Forma Pauperis and 53 MOTION for Certificate of Appealability filed by Wayman Patterson. Signed by District Judge Gerald E Rosen. (KMil)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

WAYMAN PATTERSON, JR., Petitioner, vs. GREGG McQUIGGIN, Respondent. _________________________________/ ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND DENYING PETITIONER'S REQUEST FOR A CERTIFICATE OF APPEALABILITY AND FOR LEAVE TO PROCEED WITH APPEAL IN FORMA PAUPERIS
At a session of said Court, held in the U.S. Courthouse, Detroit, Michigan on November 26, 2008 PRESENT: Honorable Gerald E. Rosen United States District Judge

No. 06-CV-15672-DT Hon. Gerald E. Rosen

This matter having come before the Court on the October 30, 2008 Report and Recommendation ofUnited States Magistrate Judge Paul J. Komives recommending that the Court deny Petitioner's request for a certificate of appealability, and also deny, as moot, Petitioner's motion for leave to appeal in forma pauperis; and Petitioner having timely filed objections to the Report and Recommendation; and the Court having reviewed and considered the R & R, Petitioner's objections thereto, and the entire file of this matter, and having determined that, for the reasons stated by the Magistrate Judge,

Petitioner's requests should be denied, and being otherwise fully advised in the premises, NOW, THEREFORE, IT IS HEREBY ORDERED that the October 30, 2008 Report and Recommendation of Magistrate Judge Paul J. Komives [Dkt. # 55] be, and hereby is, adopted by this Court. IT IS FURTHER ORDERED that, for the reasons stated in the Report and Recommendation, Petitioner's motion [Dkt. # 53] for a certificate of appealability is DENIED. IT IS FURTHER ORDERED that Petitioner's motion for leave to appeal in forma pauperis [Dkt. # 52] is DENIED, as moot.

s/Gerald E. Rosen United States District Judge Dated: November 26, 2008 I hereby certify that a copy of the foregoing document was served upon counsel of record on November 26, 2008, by electronic and/or ordinary mail. s/LaShawn R. Saulsberry Case Manager