Planes v. Berghuis

Filing 14

ORDER denying 9 Motion to Dismiss filed by Mary Berghuis, and adopting 13 Report and Recommendation AND REQUIRING RESPONDENT TO FILE AN ANSWER ADDRESSING THE MERITS OF PETITIONERS HABEAS CLAIMS Signed by District Judge Paul D Borman. (DGoo)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION FELIPE PLANES, Petitioner, v. MARY K. BERGHUIS, Respondent. ________________________________/ ORDER (1) ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION IN FAVOR OF DENYING RESPONDENT'S MOTION TO DISMISS, AND (2) REQUIRING RESPONDENT TO FILE AN ANSWER ADDRESSING THE MERITS OF PETITIONER'S HABEAS CLAIMS Before the Court is Magistrate Judge Paul J. Komives' March 23, 2009 Report and Recommendation in favor of denying Respondent's Motion to Dismiss Petitioner Felipe Planes' application for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 as untimely. Having reviewed that Report and Recommendation, and there being no objections from either party, the Court hereby: (1) (2) ADOPTS the Magistrate Judge's Report and Recommendation DENYING Respondent's Motion to Dismiss, and ORDERS the Respondent to file an answer addressing the merits of Petitioner's habeas claims. CASE NO. 07-CV-14000 JUDGE PAUL D. BORMAN MAGISTRATE JUDGE PAUL KOMIVES

SO ORDERED. s/Paul D. Borman PAUL D. BORMAN UNITED STATES DISTRICT JUDGE Dated: July 31, 2009

CERTIFICATE OF SERVICE Copies of this Order were served on the attorneys of record by electronic means or U.S. Mail on July 31, 2009. s/Denise Goodine Case Manager