Smith #462967 v. Palmer

Filing 21

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 19 ; Petitioner's habeas petition is denied; certificate or appealability is denied; signed by Judge Robert J. Jonker (Judge Robert J. Jonker, ymc)

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Smith #462967 v. Palmer Doc. 21 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION BRANDON LEE SMITH, Plaintiff, v. CARMEN PALMER, Defendant. / ORDER APPROVING REPORT AND RECOMMENDATION The Court has reviewed the Report and Recommendation filed by the United States Magistrate Judge in this action. The Report and Recommendation was duly served on the parties on August 5, 2010. No objections have been filed pursuant to. In addition, the plaintiff's copy of the Report and Recommendation sent via U.S. Mail was returned to the Court on August 9, 2010, marked "Paroled." The plaintiff having failed to keep the Court apprised of a current address as required under Local Rule 41.1 and there being no objections filed pursuant to 28 U.S.C. 636(b)(1)(C), IT IS ORDERED that the Report and Recommendation of the Magistrate Judge, filed August 5, 2010, is approved and adopted as the opinion of the court. The Petitioner's habeas petition is DENIED. IT IS FURTHER ORDERED that a certificate of appealability from the judgment issued this date is DENIED because a reasonable jurist could not conclude either that the District Court erred in dismissing the petition for failure to exhaust or that the petitioner should be allowed to proceed further. Slack v. McDaniel, 529 U.S. 473, 484 (2000). Case No. 1:07cv810 Hon. Robert J. Jonker Dated: August 30, 2010 /s/ Robert J. Jonker ROBERT J. JONKER UNITED STATES DISTRICT JUDGE

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