Cooper v. Woods

Filing 12

ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION 11 AND DISMISSING PLAINTIFF'S HABEAS CORPUS ACTION. Court denies Certificate of Appealability and In Forma Pauperis on Appeal. Signed by District Judge Gerald E Rosen. (RGun)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION JAMES PHILLIP COOPER, Petitioner, vs. CAROL R. HOWES, Respondent. ___________________________/ ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND DISMISSING PLAINTIFF'S HABEAS CORPUS ACTION At a session of said Court, held in the U.S. Courthouse, Detroit, Michigan on June 25, 2010 PRESENT: Honorable Gerald E. Rosen Chief Judge, United States District Court This matter having come before the Court on the May 17, 2010 Report and Recommendation of United States Magistrate Judge Paul J. Komives recommending that the Court deny Plaintiff's petition for a writ of habeas corpus and that this case, accordingly, be dismissed; and no timely objections to the Magistrate Judge's Report and Recommendation having been filed; and the Court having reviewed the Magistrate Judge's Report and Recommendation and the Court's file of this action and having concluded that, for the reasons stated in the Report and Recommendation, Plaintiff's petition for habeas corpus relief should be denied; and the Court being otherwise fully advised in the premises, NOW, THEREFORE, IT IS HEREBY ORDERED that the Magistrate Judge's Report No. 08-CV-11839 Hon. Gerald E. Rosen

and Recommendation of May 17, 2010 [Dkt. # 11] be, and hereby is, adopted by this Court. IT IS FURTHER ORDERED that, for the reasons set forth in the Magistrate Judge's Report and Recommendation, Plaintiff's petition for habeas corpus relief Dkt. # 1] be, and hereby is DENIED and the above-captioned case, therefore, is DISMISSED. As also recommended by the Magistrate Judge, IT IS FURTHER ORDERED that a certificate of appealability is DENIED. IT IS FURTHER ORDERED that leave to appeal in forma pauperis is DENIED.

s/Gerald E. Rosen Chief Judge, United States District Court Dated: June 25, 2010 I hereby certify that a copy of the foregoing document was served upon counsel of record on June 26, 2010, by electronic mail and upon James Cooper, #326217, Florence Crane Correctional Facility (ACF). 38th Fourth Street, Coldwater, Michigan, 39036 by ordinary mail. s/Ruth A. Gunther Case Manager