West #654119 v. Palmer

Filing 45

FINAL ORDER in accordance with Opinion APPROVING AND ADOPTING REPORT AND RECOMMENDATION 38 ; Motion to Alter or Amend Judgment 38 is GRANTED, the Court's December 13, 2012 Order Approving 34 is VACATED; signed by Judge Janet T. Neff (Judge Janet T. Neff, clb)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION RENDAE DIATEZ WEST, Petitioner, Case No. 1:10-cv-1296 HON. JANET T. NEFF v CARMEN PALMER, Respondent. _______________________________/ FINAL ORDER In accordance with the Opinion entered this date: IT IS HEREBY ORDERED that the Motion to Alter or Amend Judgment (Dkt 38) is GRANTED, and the Court’s December 13, 2012 Order Approving Magistrate Judge’s Report and Recommendation (Dkt 34) is VACATED in order to consider the merits of Plaintiff’s Objections to the Report and Recommendation. IT IS FURTHER ORDERED that the Objections (Dkt 36) are DENIED and the Report and Recommendation of the Magistrate Judge (Dkt 33) is APPROVED and ADOPTED as the Opinion of the Court. IT IS FURTHER ORDERED that 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. 25 Date: March ___, 2013 /s/ Janet T. Neff JANET T. NEFF United States District Judge 2

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