Barnes #434648 v. Smith
FINAL ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 20 ; petition for habeas corpus relief is denied; certificate of appealability is denied; signed by Judge Janet T. Neff (Judge Janet T. Neff, rmw)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
Case No. 1:09-cv-22
HON. JANET T. NEFF
WILLIE O. SMITH,
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, recommending that this Court
deny the petition. The Report and Recommendation was duly served on the parties. No objections
have been filed, see 28 U.S.C. § 636(b)(1), and the Court issues this Final Order [See
GOVERNING § 2254 CASES, Rule 11 (referring to the order disposing of a habeas petition as a “final
THEREFORE, IT IS ORDERED that the Report and Recommendation of the Magistrate
Judge (Dkt 20) is APPROVED and ADOPTED as the Opinion of the Court and 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.
§ 2253(c) is DENIED as to each issue asserted. See RULES GOVERNING § 2254 CASES, Rule 11
(requiring the district court to “issue or deny a certificate of appealability when it enters a final
order”). Petitioner has not demonstrated that reasonable jurists would find the Court’s rulings
debatable or wrong. Slack v. McDaniel, 529 U.S. 473, 484 (2000); Murphy v. Ohio, 263 F.3d 466,
466-67 (6th Cir. 2001).
Date: July 6, 2011
/s/ Janet T. Neff
JANET T. NEFF
United States District Judge
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