Powell #216417 v. Phillips

Filing 28

FINAL ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 27 signed by Judge Janet T. Neff; a certificate of appealability pursuant to 28 U.S.C. § 2253(c) is DENIED as to each issue asserted(Judge Janet T. Neff, sas)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION EDDIE C. POWELL, Petitioner, v. THOMAS G. PHILLIPS, Respondent. _______________________________/ Case No. 1:07-cv-1022 HON. JANET T. NEFF FINAL ORDER This is a habeas corpus petition filed pursuant to 28 U.S.C. 2254. The matter was referred to the Magistrate Judge, who issued a Report and Recommendation, recommending that this Court deny the petition. The Report and Recommendation was duly served on the parties. No objections have been filed, see 28 U.S.C. 636(b)(1), and the Court issues this Judgment pursuant to FED. R. CIV . P. 58. THEREFORE, IT IS ORDERED that the Report and Recommendation of the Magistrate Judge (Dkt 27) is APPROVED and ADOPTED as the opinion of the Court and the petition for habeas corpus relief (Dkt 1) is DENIED for the reasons stated in the Report and Recommendation. IT IS FURTHER ORDERED that a certificate of appealability pursuant to 28 U.S.C. 2253(c) is DENIED as to each issue asserted. See RULES GOVERNING 2254 CASES, Rule 11 (requiring the district court to "issue or deny a certificate of appealability when it enters a final order"). Petitioner has not demonstrated that reasonable jurists would find the Court's rulings 1 debatable or wrong. Slack v. McDaniel, 529 U.S. 473, 484 (2000); Murphy v. Ohio, 263 F.3d 466, 466-67 (6th Cir. 2001). Dated: March 25, 2010 /s/Janet T. Neff JANET T. NEFF UNITED STATES DISTRICT JUDGE 2

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