Cunningham v. Berghuis

Filing 18

ORDER Adopting 13 Report and Recommendation, Signed by District Judge John Corbett O'Meara. (WBar)

Cunningham v. Berghuis

Doc. 18

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION JAMES CUNNINGHAM, Petitioner, v. MARY BERGHUIS, 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 July 19, 2010 by Magistrate Judge Paul J. Komives. Petitioner filed objections to the report and recommendation on August 16, 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: September 16, 2010 Case No. 08-14283 HON. JOHN CORBETT O'MEARA

Dockets.Justia.com

I hereby certify that a copy of the foregoing document was served upon counsel of record on this date, September 16, 2010, using the ECF system.

s/William Barkholz Case Manager

2