Hamilton v. Ludwick
Filing
23
ORDER ADOPTING 22 Magistrate Judge's Report and Recommendation and Denying Petition for Writ of Habeas Corpus. Signed by District Judge David M. Lawson. (SJa)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
GREGORY HAMILTON,
Petitioner,
v.
Case Number 08-13960
Honorable David M. Lawson
Magistrate Judge Paul J. Komives
SHERRY BURT,
Respondent.
______________________________/
ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
AND DENYING PETITION FOR WRIT OF HABEAS CORPUS
Presently before the Court is the report issued on November 21, 2012 by Magistrate Judge
Paul J. Komives pursuant to 28 U.S.C. § 636(b), recommending that the Court deny the petition for
a writ of habeas corpus and deny a 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 thus far.
The parties’ failure to file objections to the Report and Recommendation waives any further right
to appeal. Smith v. Detroit Fed’n 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.
Accordingly, it is ORDERED that the magistrate judge’s report and recommendation [dkt.
#22] is ADOPTED.
It is further ORDERED that the petition for a writ of habeas corpus is DENIED.
s/David M. Lawson
DAVID M. LAWSON
United States District Judge
Dated: December 17, 2012
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 December 17, 2012.
s/Shawntel Jackson
SHAWNTEL JACKSON
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