Brancaccio v. Warren

Filing 18

ORDER DENYING re 17 MOTION for Certificate of Appealability filed by Michael Brancaccio, AND ADOPTING 16 REPORT AND RECOMMENDATION re 1 Petition for Writ of Habeas Corpus filed by Michael Brancaccio. Signed by District Judge Lawrence P. Zatkoff. (MVer)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

MICHAEL BRANCACCIO,
Petitioner,
v.

Case No. 08-14116
Hon. Lawrence P. Zatkoff

MILLICENT WARREN,
Defendant.
/

OPINION AND ORDER ADOPTING
MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION AND DENYING
PETITIONER’S CERTIFICATE OF APPEALABILITY
This matter comes before the Court on Magistrate Judge Komives’s Report and
Recommendation [dkt 16], in which the Magistrate Judge recommends that the Court deny
Petitioner’s Petition for Writ of Habeas Corpus [dkt 1] and find that Petitioner is not entitled to a
certificate of appealability. Rather than file an objection to the Report and Recommendation,
Defendant has filed a Motion for Certificate of Appealability [dkt 17]. The time period in which to
file an objection has elapsed.
The Court has thoroughly reviewed the court file and the Report and Recommendation. As
a result of that review, the Court ADOPTS the Report and Recommendation and enters it as the
findings and conclusions of this Court.
Accordingly, IT IS HEREBY ORDERED that Defendant’s Petition for Writ of Habeas
Corpus [dkt 1] is DENIED and Defendant’s Motion for Certificate of Appealability [dkt 17] is
DENIED.

IT IS SO ORDERED.

S/Lawrence P. Zatkoff
LAWRENCE P. ZATKOFF
UNITED STATES DISTRICT JUDGE
Dated: May 12, 2011
CERTIFICATE OF SERVICE
The undersigned certifies that a copy of this Order was served upon the attorneys of record
by electronic or U.S. mail on May 12, 2011.

S/Marie E. Verlinde
Case Manager
[phone]

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