Midgett v. Curtain

Filing 18

ORDER Adopting Report and Recommendation, re 1 Petition for Writ of Habeas Corpus. Signed by District Judge Mark A. Goldsmith. (Goltz, D)

Download PDF
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ELIJAH MIDGETT, Petitioner, Civil Action No. 09-CV-13654 vs. HON. MARK A. GOLDSMITH MITCH PERRY, Respondent. _____________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION This matter is presently before the Court on the Report and Recommendation (R&R) of Magistrate Judge Paul J. Komives, entered on January 4, 2012. The Magistrate Judge reviewed the merits of Plaintiff’s habeas petition and recommended that it be denied. Plaintiff has not filed objections to the R&R and the time to do so has expired. Thus, Plaintiff has waived any further right to appeal. Thomas v. Arn, 474 U.S. 140, 155 (1985). In any event, the Court has reviewed the thorough R&R and finds the Magistrate Judge’s analysis and result to be correct. Accordingly, the Magistrate Judge’s R&R (Dkt. 15) is accepted and adopted as the findings and conclusions of the Court. Plaintiff’s habeas petition is denied. SO ORDERED. Dated: May 30, 2012 Flint, Michigan s/Mark A. Goldsmith MARK A. GOLDSMITH United States District Judge CERTIFICATE OF SERVICE The undersigned certifies that the foregoing document was served upon counsel of record and any unrepresented parties via the Court's ECF System to their respective email or First Class U.S. mail addresses disclosed on the Notice of Electronic Filing on May 30, 2012. s/Deborah J. Goltz DEBORAH J. GOLTZ Case Manager

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?