Smith v. Ludwick

Filing 58

ORDER Adopting 55 Report and Recommendation, Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DERRICK LEE SMITH,
Petitioner,
Case No. 10-11052
v.
Hon. John Corbett O’Meara
Magistrate Judge Paul Komives

NICK LUDWICK,
Respondent.
________________________/

ORDER ADOPTING
REPORT AND RECOMMENDATION
Before the court is Magistrate Judge Paul Komives’s report and
recommendation dated February 4, 2014. Petitioner filed an objection, although it
was not filed within fourteen days of service of the report and recommendation and
is not timely.
With respect to reports and recommendations from magistrate judges, 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 magistrate judge’s report and recommendation and the
underlying motion papers, the court agrees with the magistrate judge that

Petitioner’s request for discovery is premature.
Accordingly, IT IS HEREBY ORDERED that the magistrate judge’s
February 4, 2014 report and recommendation is ADOPTED.
IT IS FURTHER ORDERED that Petitioner’s motions to lift the stay and for
discovery (Docket Nos. 45-49, 51-52, and 54) are DENIED WITHOUT
PREJUDICE.

s/John Corbett O’Meara
United States District Judge
Date: April 29, 2014

I hereby certify that a copy of the foregoing document was served upon the
parties of record on this date, April 29, 2014, using the ECF system and/or
ordinary mail.

s/William Barkholz
Case Manager

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