Aviles #280749 v. Berghuis

Filing 65

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 64 , denying petition for writ of habeas corpus ; signed by Judge Robert Holmes Bell (Judge Robert Holmes Bell, kcb)

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UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION DANIEL A. AVILES, #280749, Petitioner, File No: 1:02-CV-324 v. HON. ROBERT HOLMES BELL MARY BERGHUIS, Respondent. / ORDER APPROVING AND ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION On September 14, 2011, Magistrate Judge Joseph G. Scoville issued a Report and Recommendation (“R&R”) recommending that Petitioner Daniel A. Aviles’s petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 be denied. (Dkt. No. 64, R&R.) The R&R was duly served on the parties. More than 14 days have elapsed since service of the R&R and no objections have been filed. The Court has reviewed the R&R and is satisfied with its disposition of the case. Accordingly, IT IS HEREBY ORDERED that the R&R (Dkt. No. 64) is ADOPTED as the opinion of the Court. IT IS FURTHER ORDERED that Petitioner’s petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 (Dkt. No. 1) is DENIED. Dated: October 11, 2011 /s/ Robert Holmes Bell ROBERT HOLMES BELL UNITED STATES DISTRICT JUDGE

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