Keith v. Ludwick

Filing 12

ORDER Adopting 9 Report and Recommendation, and Denying a Certificate of Appealability. Signed by District Judge John Corbett O'Meara. (WBar)

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Keith v. Ludwick Doc. 12 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION EDWARD LEE KEITH, Petitioner, v. NICK LUDWICK, Respondent. ____________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION Before the court is a report and recommendation to deny Petitioner's application for a writ of habeas corpus, filed November 15, 2010, by Magistrate Judge Paul J. Komives. Petitioner filed objections to the report and recommendation on December 1, 2010. This Court "shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made. 28 U.S.C. 636(b)(1)(C). The Court "may accept, reject or modify, in whole or in part, the findings or recommendations made by the magistrate." Id. Having reviewed the record, it is hereby ORDERED that the report and recommendation is ADOPTED as the findings and conclusions of this court, and Petitioner's application for a writ of habeas corpus is DENIED. It is further ORDERED that a certificate of appealability is DENIED. s/John Corbett O'Meara United States District Judge Date: December 29, 2010 Case No. 08-12683 HON. JOHN CORBETT O'MEARA I hereby certify that on December 29, 2010, a copy of the foregoing document was served upon counsel of record using the ECF system, and upon Petitioner at St. Louis Correctional Facility, 8585 N. Croswell Road, St. Louis, Michigan 48880 by first-class U.S. mail. s/William Barkholz Case Manager 2

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