Lorenz #178261 v. Howes

Filing 11

FINAL ORDER denying 10 petitioner's objections, ADOPTING 5 REPORT AND RECOMMENDATION, DENYING 1 Petition for Writ of Habeas Corpus because it is barred by the statute of limitations; denying a certificate of appealability as to all grounds asserted; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, blb)

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UNITED STATES OF AMERICA UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MICHAEL JOHN LORENZ, Petitioner, v. CAROL HOWES, Respondent. _________________________________/ 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 to deny the Petition as timebarred. The matter presently is before the Court on Petitioner's objections to the Report. This Court reviews de novo those portions of a Report to which specific objections are made. 28 U.S.C. 636(b)(1); Fed. R. Civ. P. 72(b). The Court may accept, reject or modify any or all of the Magistrate Judge's findings or recommendations. 28 U.S.C. 636(b)(1). Petitioner objects for various reasons to the Magistrate Judge's calculation of the statute of limitations. The Court carefully has considered each of Petitioner's arguments and finds no error in the reasoning of the Magistrate Judge. Accordingly, IT IS HEREBY ORDERED that Petitioner's Objections (Dkt. No. 10) are DENIED, the Report and Recommendation of the Magistrate Judge (Dkt. No. 5) is ADOPTED, and the Petition for Writ of Habeas Corpus (Dkt. No. 1) is DENIED because it is barred by the statute of limitations. Case No. 1:08-CV-181 Hon. Richard Alan Enslen IT IS FURTHER ORDERED that a certificate of appealability is DENIED as to all grounds asserted. DATED in Kalamazoo, MI: September 3, 2008 /s/ Richard Alan Enslen RICHARD ALAN ENSLEN SENIOR UNITED STATES DISTRICT JUDGE 2

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