Berg v. Metrish

Filing 25

ORDER ADOPTING REPORT AND RECOMMENDATION AND DENYING PETITIONERS MOTION Signed by District Judge Marianne O. Battani. (KDoa)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION TIMOTHY BERG, Petitioner, CASE NO. 07-14565 v. HON. MARIANNE O. BATTANI LINDA M. METRISH, Respondent. _____________________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION AND DENYING PETITIONER’S MOTION Petitioner Timothy Berg filed a letter asking the Court to reissue its decision denying his petition for writ of habeas corpus. Magistrate Judge R. Steven Whalen construed the letter as a motion for relief from judgment and recommended that the motion be denied. (See Doc. No. 24). In his Report and Recommendation, Magistrate Judge Whalen informed Berg that any objection must be filed within “fourteen (14) days of service,” and that a failure to file an objection constituted a waiver of any further right of appeal. (Doc. No. 24 at 10). Because Petitioner has not filed an objection the Court ADOPTS the Report and Recommendation, and DENIES Petitioner’s motion. IT IS SO ORDERED. Date: December 30, 2015 s/Marianne O. Battani MARIANNE O. BATTANI United States District Judge CERTIFICATE OF SERVICE The undersigned certifies that the foregoing Order was served upon counsel of record via the Court's ECF System to their respective email addresses or First Class U.S. mail to the non-ECF participants on December 30, 2015. s/ Kay Doaks Case Manager 2

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