Roque v. Ludwick

Filing 40

ORDER Adopting 39 Report and Recommendation Denying 1 Petition for Writ of Habeas Corpus and Denying Petitioner's Certificate of Appealability. Signed by District Judge Arthur J. Tarnow. (MLan)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION LACARO ROQUE, Case No. 08-13373 Petitioner, v. SENIOR UNITED STATES DISTRICT JUDGE ARTHUR J. TARNOW RANDALL HAAS, MAGISTRATE JUDGE PAUL J. KOMIVES Respondent. / ORDER ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION [39] Now before the court is the Magistrate Judge’s Report and Recommendation (“R&R”) [39], entered on June 26, 2013, recommending the Court deny Petitioner’s application for the writ of habeas corpus and deny Petitioner a certificate of appealability. No objection to the Report and Recommendation [39] was filed. The Court has reviewed the record in this case. The Report and Recommendation [39] of the Magistrate Judge is hereby ADOPTED and is entered as the findings and conclusions of the Court. Accordingly, IT IS ORDERED that Petitioner’s application for the writ of habeas corpus is DENIED. IT IS FURTHER ORDERED that Petitioner is DENIED a certificate of appealability. SO ORDERED. s/Arthur J. Tarnow ARTHUR J. TARNOW SENIOR U.S. DISTRICT JUDGE Dated: July 31, 2013 ______________________________________________________________________________ CERTIFICATE OF SERVICE I hereby certify on July 31, 2013 that I electronically filed the foregoing paper with the Clerk of the Court sending notification of such filing to all counsel registered electronically. I hereby certify that a copy of this paper was mailed to the following non-registered ECF participants on July 31, 2013: Lacaro Roque. s/Michael E. Lang Deputy Clerk to District Judge Arthur J. Tarnow (313) 234-5182 2

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