Baker v. MacLaren

Filing 26

ORDER Adopting Magistrate Judge's 24 Report and Recommendation and Dismissing Habeas Corpus Action. Signed by District Judge Gerald E. Rosen. (JOwe)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DANNY RAY BAKER,
Petitioner,
vs.

No. 13-CV-11092
Hon. Gerald E. Rosen

JOE BARRETT,
Respondent.
_________________________________/
ORDER ADOPTING MAGISTRATE JUDGE’S
REPORT AND RECOMMENDATION AND
DISMISSING HABEAS CORPUS ACTION
At a session of said Court, held in
the U.S. Courthouse, Detroit, Michigan
on April 22, 2014
PRESENT: Honorable Gerald E. Rosen
Chief Judge, United States District Court
This matter having come before the Court on the March 14, 2014 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 Petitioner having timely filed Objections; and the Court
having reviewed the Magistrate Judge’s Report and Recommendation, Petitioner’s
Objections, 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 March 14, 2014 [Dkt. # 24] 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 for the reasons stated in the Report and
Recommendation, the Court concludes that Petitioner has not made a substantial showing
of the denial of a constitutional right. Accordingly, the Court declines to issue a
certificate of appealability or grant leave to proceed on appeal in forma pauperis.

s/Gerald E. Rosen
Chief Judge, United States District Court
Dated: April 22, 2014
I hereby certify that a copy of the foregoing document was served upon the parties and/or
counsel of record on April 22, 2014, by electronic and/or ordinary mail.
s/Julie Owens
Case Manager, [phone]