McNeil #289658 v. Caruso et al

Filing 9

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 8 ; the habeas corpus petition is denied because it is barred by the one-year statute of limitations; certificate of appealability is denied; signed by Judge Robert J. Jonker (Judge Robert J. Jonker, ymc)

-HWB McNeil #289658 v. Caruso et al

Doc. 9

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

JAMES McNEIL, Plaintiff, v. PATRICIA CARUSO, et al., Defendants. / Case No. 1:10cv977 Hon. Robert J. Jonker

ORDER 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 1, 2010. 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 1, 2010, is approved and adopted as the opinion of the court. IT IS ORDERED that the habeas corpus petition is DENIED because it is barred by the oneyear statute of limitations. IT IS FURTHER ORDERED that a certificate of appealability is DENIED. See Slack v. McDaniel, 529 U.S. 473 (2000).

/s/ Robert J. Jonker ROBERT J. JONKER UNITED STATES DISTRICT JUDGE DATED: November 23, 2010

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