Matthews #623952 v. Birkett

Filing 36

ORDER ADOPTING REPORT AND RECOMMENDATION 34 ; denying petitioner's motion to hold habeas petition in abeyance 33 ; 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 MARCUS MATTHEWS, Petitioner, Case No. 1:08-cv-1114 v. HONORABLE PAUL L. MALONEY THOMAS BIRKETT, Respondent, _______________________________/ ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION The Court has reviewed the Report and Recommendation (Dkt. #34) filed by United States Magistrate Judge Joseph G. Scoville in this action. 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 petitioner’s motion to hold habeas petition in abeyance (Dkt. #33) is DENIED for the reasons stated in the Report and Recommendation. Date: June 2, 2011 /s/ Paul L. Maloney Paul L. Maloney Chief United States District

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