Johnson v. Scutt

Filing 14

ORDER Adopting 13 Magistrate Judge's REPORT AND RECOMMENDATION and Dismissing Plaintiff's Habeas Corpus Action. Signed by District Judge Gerald E. Rosen. (JOwe)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION DAVID HENRY JOHNSON, Petitioner, vs. No. 11-CV-11674 Hon. Gerald E. Rosen MICHIGAN PAROLE BOARD, 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 _____________________________ PRESENT: Honorable Gerald E. Rosen Chief Judge, United States District Court This matter having come before the Court on the December 6, 2012 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 and Recommendation of December 6, 2012 [Dkt. # 13] 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: January 14, 2013 I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on January 14, 2013, by electronic and/or ordinary mail. s/Julie Owens Case Manager

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