-HWB Lasenby #683339 v. Palmer

Filing 31

ORDER ADOPTING REPORT AND RECOMMENDATION 30 re 11 : Respondent's Motion for Summary Judgment 11 is DENIED; Petitioner to file second amended petition within 28 days in proper form or petition may be dismissed; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt)

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

MICHAEL D. LASENBY,
Petitioner,
v.

Case No. 1:10-CV-1029

CARMEN PALMER,

Hon. Gordon J. Quist

Respondent.
/

ORDER ADOPTING 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 January 18, 2012. 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 January 17, 2012, is approved and adopted as the opinion of the Court.
IT IS FURTHER ORDERED that Respondent’s Motion for Summary Judgment and
Dismissal of Petition for Writ of Habeas Corpus (docket no. 11) is DENIED WITHOUT
PREJUDICE.
IT IS FURTHER ORDERED that Petitioner shall file a second amended habeas petition
on the Court’s form petition under 28 U.S.C. § 2254 for writ of habeas corpus by a person in state
custody within twenty-eight (28) days of the date of this Order. The Clerk shall send Petitioner a
copy of the form. Petitioner shall clearly state with specificity each incident of ineffective counsel
he is alleging as a claim in this proceeding. Petitioner need not re-submit supporting materials filed
with his original or first amended habeas petition. If Petitioner fails to submit a second amended
petition in proper form within the time allowed, the petition will be dismissed without prejudice by
the Court.

Dated: February 7, 2012

/s/ Gordon J. Quist
GORDON J. QUIST
UNITED STATES DISTRICT JUDGE