Gillen v. Rivard

Filing 11

ORDER 10 Adopting Report and Recommendation and DENYING a Certificate of Appealability. Signed by District Judge Terrence G. Berg. (Chubb, A)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
WALTER GILLEN,
Petitioner,

Case No. 13-11354
HON. TERRENCE G. BERG
HON. PAUL J. KOMIVES

v.
STEVE RIVARD,
Respondent.

/

ORDER ADOPTING REPORT AND RECOMMENDATION
Petitioner Walter Gillen, a state prisoner currently incarcerated at the St.
Louis Correctional Facility in St. Louis, Michigan, is seeking a writ of habeas
corpus, alleging that both his Fourteenth Amendment right to present a defense,
and his Sixth Amendment right to confrontation were violated and that he was
denied a fair trial by the improper admission of certain expert testimony.
On September 24, 2013, the Court referred this case to Magistrate Judge
Paul J. Komives. This matter is now before the Court on the Magistrate Judge’s
April 3, 2014 Report and Recommendation (Dkt. 10), recommending that the Court
both deny Petitioner’s application for a writ of habeas corpus and deny Petitioner a
certificate of appealability.
The law provides that either party may serve and file written objections
“[w]ithin fourteen days after being served with a copy” of the report and
recommendations. 28 U.S.C. § 636(b)(1). The district court will make a “de novo

determination of those portions of the report . . . to which objection is made.” Id.
Where, as here, neither party objects to the report, the district court is not obligated
to independently review the record. See Thomas v. Arn, 474 U.S. 140, 149-52
(1985). Nevertheless, the Court has carefully reviewed Petitioner’s application and
the government’s response and does hereby ACCEPT and ADOPT Magistrate
Judge Komives’ Report and Recommendation of April 3, 2014, as this Court’s
findings of fact and conclusions of law.
Therefore, Petitioner’s application for a writ of habeas corpus is DENIED;
further, Petitioner is DENIED a certificate of appealability.
SO ORDERED.
Dated: April 30, 2014

s/Terrence G. Berg
TERRENCE G. BERG
UNITED STATES DISTRICT JUDGE
Certificate of Service

I hereby certify that this Order was electronically submitted on April 30,
2014, using the CM/ECF system; a copy of this Order was also addressed to
Petitioner and mailed to 801301 St. Louis Correctional Facility, 8585 N. Croswell
Road, St. Louis, Michigan 48880.
s/A. Chubb
Case Manager

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