Grossnickle v. Burt

Filing 13

ORDER Adopting Report and Recommendation for 12 Report and Recommendation denying Petition for Writ of Habeas Corpus. Signed by District Judge David M. Lawson. (PPau)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION GARY GEORGE GROSSNICKLE, Plaintiff, v. SHERRY BURT, Defendant. _______________________________________/ ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND DENYING THE PETITIONER'S APPLICATION FOR WRIT OF HABEAS CORPUS Presently before the Court is the report issued on June 2, 2010 by Magistrate Judge Paul J. Komives pursuant to 28 U.S.C. 636(b), recommending that the Court either dismiss the petition for lack of jurisdiction or deny the petitioner's application for the writ of habeas corpus for lack of merit and deny the certificate of appealability. Although the magistrate judge's report explicitly stated that the parties to this action may object to and seek review of the recommendation within fourteen days of service of the report, no objections have been filed. The party's failure to file objections to the Report and Recommendation waives any further right to appeal. Smith v. Detroit Federation of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987). Likewise, the failure to object to the magistrate judge's report releases the Court from its duty to independently review the matter. Thomas v. Arn, 474 U.S. 140, 149 (1985). However, the Court agrees with the findings and conclusions of the magistrate judge and will deny the petitioner's application for writ of habeas corpus on the merits. Accordingly, it is ORDERED that the Magistrate Judge's Report and Recommendation [dkt Case Number 08-11820 Honorable David M. Lawson Magistrate Judge: Paul J. Komives # 12] is ADOPTED. It is further ORDERED that the petitioner's application for issuance of writ of habeas corpus [dkt. # 1] is DENIED. s/David M. Lawson DAVID M. LAWSON United States District Judge Dated: June 22, 2010 PROOF OF SERVICE The undersigned certifies that a copy of the foregoing order was served upon each attorney or party of record herein by electronic means or first class U.S. mail on June 22, 2010. s/Teresa Scott-Feijoo TERESA SCOTT-FEIJOO

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