Brady v. Curtin

Filing 16

ORDER Adopting 15 Report and Recommendation and Denying Petition for Writ of Habeas Corpus and Denying a Certificate of Appealability. Signed by District Judge Marianne O. Battani. (BThe) Modified on 12/19/2012 (BThe).

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION WILLIAM AERRON BRADY, Petitioner, Case No. 10-12978 Hon. Marianne O. Battani v. Magistrate Judge Paul J. Komives CATHERINE S. BAUMAN, Respondent. ____________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION AND DENYING PETITION FOR WRIT OF HABEAS CORPUS In July 2010, Petitioner William Brady filed a petition for writ of habeas corpus. The Court referred this matter to Magistrate Judge Paul J. Komives pursuant to 28 U.S.C. § 636(b)(1) for a report and recommendation (“R&R”). On November 2, 2012, he issued his R&R. The Magistrate Judge recommended that the Court deny Petitioner’s application for the writ of habeas corpus and deny a certificate of appealability. (Doc. No. 15, R&R at 2). The Magistrate Judge informed the parties that objections to the R&R must be filed within fourteen days of service and that a party’s failure to file objections would waive any further right of appeal. (See R&R at 21; 28 U.S.C. § 636(b)(1) and E.D. Mich. LR 72.1(d)(2)). Because no objection has been filed in this case, the parties waived their right to review and appeal. Accordingly, the Court ADOPTS the Report and Recommendation, DENIES the petition for writ of habeas corpus and DENIES a certificate of appealability. IT IS SO ORDERED. s/Marianne O. Battani MARIANNE O. BATTANI UNITED STATES DISTRICT JUDGE DATED: December 19, 2012 CERTIFICATE OF SERVICE Copies of this Order were mailed to counsel of record and petitioner on this date by ordinary mail and/or electronic filing. s/Bernadette M. Thebolt Case Manager 2

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