Morris #379191 v. Curtin

Filing 97

ORDER ADOPTING REPORT AND RECOMMENDATION 96 ; conditional writ of habeas corpus issues; signed by Chief Judge Paul L. Maloney (Chief Judge Paul L. Maloney, acr)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

BENT MORRIS,
Petitioner,
Case No.: 1:07-cv-454
v.
HONORABLE PAUL L. MALONEY

CINDI CURTIN,
Respondent.
/
ORDER ADOPTING MAGISTRATE JUDGE'S
REPORT AND RECOMMENDATION
The Court has reviewed the Report and Recommendation filed by United States Magistrate
Judge Joseph G. Scoville in this action. The Report and Recommendation was duly served on the
parties. No objections have been filed.
ACCORDINGLY, the Report and Recommendation (Dkt. #96) is hereby adopted as the
opinion of the Court. Therefore,
IT IS HEREBY ORDERED that a conditional writ of habeas corpus issues solely on
petitioner's claim that he was improperly deprived of his appeal of right from felony convictions in
People v. Morris, Wayne County Circuit Court case no. 2001-001816-01.
IT IS FURTHER ORDERED that the petitioner shall be released from custody on said
convictions 90 days from the date of this order, unless within that time the State of Michigan grants
petitioner an appeal of right and appoints counsel to represent him on that appeal if he so qualifies.

Dated: August 29, 2011

/s/ Paul L. Maloney
Paul L. Maloney
Chief United States District Judge