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)

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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 (810) 984-3290 2

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