Messenger v. McQuiggin

Filing 13

ORDER ADOPTING MAGISTRATE JUDGE'S 12 REPORT AND RECOMMENDATION AND DISMISSING PLAINTIFF'S HABEAS CORPUS ACTION. A Certificate of Appealability and leave to appeal in forma pauperis are DENIED. Signed by District Judge Gerald E Rosen. (RGun)

Messenger v. McQuiggin

Doc. 13

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION WILLIAM M. MESSENGER, Petitioner, vs. GREG McQUIGGIN, 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 July 13, 2010 PRESENT: Honorable Gerald E. Rosen Chief Judge, United States District Court This matter having come before the Court on the June 15, 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. 09-CV-13860 Hon. Gerald E. Rosen

Dockets.Justia.com

and Recommendation of June 15, 2010 [Dkt. # 12] 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. 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: July 13, 2010 I hereby certify that a copy of the foregoing document was served upon counsel of record on July 13, 2010, by electronic mail and upon William M. Messenger, #238127, Chippewa Correctional Facility, 4269 W. M-80, Kincheloe, MI by ordinary mail. s/Ruth A. Gunther Case Manager