Coney v. Klee

Filing 13

ORDER accepting and adopting Report and Recommendation 12 and denying 1 Petition for Writ of Habeas Corpus and denying a certificate of appealability. Signed by District Judge George Caram Steeh (MBea)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION JOHN ALBERT CONEY, Petitioner, Case No. 12-CV-10661 HON. GEORGE CARAM STEEH vs. LINDA TRIBLEY, Respondent. ________________________________/ ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION [DOC. 12] AND DENYING PETITIONER’S APPLICATION AND DENYING A CERTIFICATE OF APPEALABILITY This habeas petition, brought pursuant to 28 U.S.C. § 2254, was referred to Magistrate Judge Komives for report and recommendation. On May 8, 2013, Magistrate Judge Komives issued his report recommending that the court deny petitioner’s application for the writ of habeas corpus and deny petitioner a certificate of appealability. No objections have been filed to the report and recommendation and the time period for doing so has expired. The failure to file objections to a report and recommendation generally constitutes a waiver of the right to appeal the judgment of the district court. Thomas v. Arn, 474 U.S. 140, 155 (1985); Alspaugh v. McConnell, 643 F.3d 162, 166 (6th Cir. 2011). The court hereby ACCEPTS and ADOPTS the magistrate judge’s report and recommendation. -1- Petitioner’s application for the writ of habeas corpus hereby is DENIED and DISMISSED WITH PREJUDICE and a certificate of appealability hereby is DENIED. IT IS SO ORDERED. Dated: June 12, 2013 s/George Caram Steeh GEORGE CARAM STEEH UNITED STATES DISTRICT JUDGE CERTIFICATE OF SERVICE On June 12, 2013, copies of this Order were served upon attorneys of record and also on John Coney, #418821, Ojibway Correctional Facility, 5705 Ojibway Road, Marenisco, MI 49947, by electronic and/or ordinary mail. s/Barbara Radke Deputy Clerk -2-

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