D'Hease #188199 v. Palmer

Filing 23

FINAL ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 21 ; the petition for habeas corpus relief is denied for the reasons stated in the Report and Recommendation; a certificate of appealability as to each issue asserted is denied; signed by Judge Janet T. Neff (Judge Janet T. Neff, rmw)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

THOMAS ALLEN D’HAESE,
Petitioner,

Case No. 1:11-cv-201

v.

HON. JANET T. NEFF

CARMEN PALMER,
Respondent.
_______________________________/

FINAL ORDER
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 Corrected Report and Recommendation on November 19,
2012, 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 RULES GOVERNING § 2254 CASES, Rule 11 (referring to the order disposing
of a habeas petition as a “final order”).]
THEREFORE, IT IS ORDERED that the Corrected Report and Recommendation of the
Magistrate Judge (Dkt 21) 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 (2000); Murphy v. Ohio, 263 F.3d 466, 46667 (6th Cir. 2001).

Date: December 13, 2012

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

Page 2 of 2