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)

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.

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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

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