Hudson #415095 v. Scutt

Filing 76

ORDER ADOPTING REPORT AND RECOMMENDATION 74 ; granting in part and denying in part respondent's motion to dismiss 54 ; denying petitioner's motion for equitable tolling 67 ; denying habeas corpus petition and denying a certificate of appealability; signed by Chief Judge Paul L. Maloney (Chief Judge Paul L. Maloney, acr)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION JONATHAN LEE HUDSON, Petitioner, Case No. 1:07-cv-1155 v. HONORABLE PAUL L. MALONEY DEBRA SCUTT, Respondent, _______________________________/ ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION The Court has reviewed the Report and Recommendation filed by United States Magistrate Judge Ellen S. Carmody in this action (ECF No. 74). The Report and Recommendation was duly served on the parties. No objections have been filed. ACCORDINGLY, the Report and Recommendation is hereby adopted as the opinion of the Court. THEREFORE, IT IS ORDERED that respondent’s motion to dismiss (ECF No. 54) is GRANTED IN PART AND DENIED IN PART; IT IS FURTHER ORDERED that petitioner’s motion for equitable tolling (ECF No. 67) is DENIED; IT IS FURTHER ORDERED the habeas corpus petition is DENIED for the reasons stated in the Report and Recommendation. IT IS FURTHER ORDERED that a certificate of appealability is DENIED. This action is terminated. Date: July 23, 2012 /s/ Paul L. Maloney Paul L. Maloney Chief United States District

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