Porter #413906 v. Birkett

Filing 7

ORDER ADOPTING REPORT AND RECOMMENDATION 6 : Petitioner's petition is DISMISSED pursuant to Rule 4; case closed; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt)

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UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION LEKELDRIC DEUNDRAE PORTER, Petitioner, v. THOMAS BIRKETT, Respondent. / Case No. 1:08-CV-690 Hon. Gordon J. Quist ORDER AND JUDGMENT 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 November 26, 2008. No objections have been filed pursuant to 28 U.S.C. 636(b)(1)(C). THEREFORE, IT IS ORDERED that the Report and Recommendation of the Magistrate Judge, filed November 25, 2008, is approved and adopted as the opinion of the court. IT IS FURTHER ORDERED that Petitioner's habeas corpus petition is dismissed with prejudice pursuant to Rule 4 because it fails to raise a meritorious federal claim. This case is concluded. Dated: January 6, 2009 /s/ Gordon J. Quist GORDON J. QUIST UNITED STATES DISTRICT JUDGE

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