Hardy v. Romanowski

Filing 12

ORDER adopting 11 Report and Recommendation. Signed by District Judge Stephen J Murphy, III. (AGre)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION WILLIE L. HARDY #444334, Petitioner, v. HONORABLE STEPHEN J. MURPHY, III KENNETH ROMANOWSKI, Respondent. _______________________________/ ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION This matter has come before the Court on the Report and Recommendation ("R & R") of Magistrate Judge Paul J. Komives. Magistrate Judge Komives recommends in his report that the Court deny Petitioner's application for a writ of habeas corpus. A District Court's standard of review for a magistrate judge's R & R depends on whether a party filed objections to the R & R. With respect to portions of an R & R that no party has object to, the Court need not undertake any review at all. Thomas v. Arn, 474 U.S. 140, 149-50 (1985). Further, failure to file specific objections constitutes a waiver of any further right of appeal from the district judge's adoption of the R & R. See Howard v. Sec'y of Health and Human Servs., 932 F.2d 505, 509 (6th Cir. 1991); United States v. Walters, 638 F.2d 947, 950 (6th Cir. 1981) The last pages of the magistrate judge's R & R notified the parties that any objections were to be filed within ten days of service of a copy of the R & R, as provided for in 28 U.S.C. § 636(b)(1) and E.D. Mich. LR 72.1(d)(2). See Walters, 638 F.2d at 950 ("we hold that a party shall be informed by the magistrate that objections must be filed within ten days or further appeal is waived.") Case No. 07-cv-11109

No objections have been filed and the time for filing them has long passed, so the Court need not conduct any review of the R & R. Additionally, by not filing objections, Petitioner has waived his right to appeal. See Walters, 638 F.2d at 949-50. Accordingly, the Court will adopt the R & R in full, and deny Petitioner's application for a writ of habeas corpus. The Court also declines to issue a certificate of appealability in this case because by failing to file any objections to the R & R, Petitioner has waived his right to appeal the district court's order in the first place, so any attempt to appeal would be meritless. See Walters, 638 F.2d at 949-50. WHEREFORE, it is hereby ORDERED that Magistrate Judge Komives's Report and Recommendation (docket no. 11) is ADOPTED in full, and Petitioner's application for a writ of habeas corpus (docket no. 1) is DENIED. IT IS FURTHER ORDERED that the Court DECLINES to issue Petitioner a certificate of appealability. SO ORDERED.

s/Stephen J. Murphy, III STEPHEN J. MURPHY, III United States District Judge Dated: December 7, 2009 I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on December 7, 2009, by electronic and/or ordinary mail. s/Alissa Greer Case Manager