Williams #483474 v. Wolfenbarger

Filing 31

FINAL ORDER IN ACCORDANCE WITH OPINION APPROVING AND ADOPTING REPORT AND RECOMMENDATION 23 ; Petition for Writ of Habeas Corpus 1 is Conditionally Granted; the State of Michigan shall release Petitioner from custody on said conviction 90 days from the date of this Order, unless within that time the State of Michigan permits Petitioner to withdraw his plea and institutes proceedings against Petitioner for the crimes with which he was originally charged; signed by Judge Janet T. Neff (Judge Janet T. Neff, clb)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

SPENCER WILLIAMS #483474,
Petitioner,

Case No. 1:09-cv-1139
HON. JANET T. NEFF

v
HUGH WOLFENBARGER,
Respondent.
_______________________________/

FINAL ORDER
In accordance with the Opinion entered this date:
IT IS HEREBY ORDERED that the Objections (Dkt 25) are DENIED, and the Report and
Recommendation of the Magistrate Judge (Dkt 23) is APPROVED and ADOPTED as the Opinion
of the Court.
IT IS FURTHER ORDERED that the Petition for a Writ of Habeas Corpus (Dkt 1) is
CONDITIONALLY GRANTED, and a conditional writ of habeas corpus issues solely on
Petitioner’s claim that his Motion to Withdraw Plea was improperly denied in People v. Spencer Lee
Williams, Kent County Circuit Court Case No. 08-07472-FC.
IT IS FURTHER ORDERED that the State of Michigan shall release Petitioner from
custody on said conviction 90 days from the date of this Order, unless within that time the State of
Michigan permits Petitioner to withdraw his plea and institutes proceedings against Petitioner for
the crimes with which he was originally charged.

Date: February 23, 2012

/s/ Janet T. Neff
JANET T. NEFF
United States District Judge