Galloway v. State of Michigan

Filing 21

ORDER denying 16 Motion for Certificate of Appealability. Signed by District Judge Stephen J Murphy, III. (AGre)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ERIC GALLOWAY, #390394 Case No. 2:07-cv-15242 Petitioner, HONORABLE STEPHEN J. MURPHY, III v. NICK LUDWICK, Respondent. / ORDER DENYING MOTION FOR CERTIFICATE OF APPEALABILITY (docket no. 16) This matter comes before the Court on Petitioner's motion for a certificate of appealability, which he seeks in order to pursue his appeal of the Court's order of October 30, 2009 accepting and adopting without objection the Report and Recommendation of Magistrate Judge Scheer dated March 31, 2009. The petitioner failed to file timely objections to the report and recommendation, and, under Sixth Circuit precedent, any appellate review of the decision to dismiss the petition was thereby waived. See United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981). Petitioner's motion for a certificate of appealability (docket number 16) is therefore DENIED. SO ORDERED. s/Stephen J. Murphy, III STEPHEN J. MURPHY, III United States District Judge Dated: January 6, 2010 I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on January 6, 2010, by electronic and/or ordinary mail. Alissa Greer Case Manager

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