Lotts #520864 v. Howes

Filing 44

FINAL ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 35 ; Motion for Evidentiary Hearing 38 and Motion for Stay and to Hold Proceedings in Abeyance 41 are DENIED; signed by Judge Janet T. Neff (Judge Janet T. Neff, clb)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION JASON DARNELL LOTTS, Petitioner, Case No. 1:08-cv-908 HON. JANET T. NEFF v CAROL HOWES, Respondent. _______________________________/ FINAL ORDER In accordance with the Opinion entered this date: IT IS HEREBY ORDERED that the Objections (Dkts 36, 40) are DENIED and the Report and Recommendation of the Magistrate Judge (Dkt 35) is APPROVED and ADOPTED as the Opinion of the Court. IT IS FURTHER ORDERED that the Motion for Evidentiary Hearing (Dkt 38), and the Motion for Stay and to Hold Proceedings in Abeyance to Allow Petitioner to File 6.500 Motion in State Court (Dkt 41) are DENIED. IT IS FURTHER ORDERED that 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. ยง 2253(c) is DENIED as to each issue asserted. /s/ Janet T. Neff JANET T. NEFF United States District Judge 16 Date: September ___, 2011 2

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