Williams #206224 v. Palmer

Filing 6

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 4 , dismissing with prejudice petition for writ of habeas corpus, and denying certificate of appealability ; signed by Judge Robert Holmes Bell (Judge Robert Holmes Bell, kcb)

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UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION DWAYNE CHRISTOPHER WILLIAMS, Petitioner, File No. 1:11-CV-1232 v. HON. ROBERT HOLMES BELL CARMEN PALMER, Respondent. / ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING PETITION FOR WRIT OF HABEAS CORPUS This matter is before the Court on Petitioner Dwayne Christopher Williams’s objections to the Magistrate Judge’s January 19, 2012, Report and Recommendation (“R&R”) recommending that Petitioner’s § 2254 petition for writ of habeas corpus be dismissed with prejudice pursuant to Rule 4 of the Rules Governing § 2254 Cases, because it plainly appears that the petition is barred by the one-year statute of limitations found in 28 U.S.C. § 2244(d)(1). (Dkt. No. 4, R&R.) Petitioner filed objections to the R&R on February 7, 2012. (Dkt. No. 5.) This Court is required to make a de novo determination of those portions of the R&R to which objection has been made and may accept, reject, or modify any or all of the Magistrate Judge’s findings or recommendations. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b). Although the Magistrate Judge’s R&R is reviewed de novo, this Court must review the state court proceedings consistent with the standards set forth in 28 U.S.C. § 2254. Petitioner objects to the R&R based on his contention that he “did in fact file all proper appropriate appeals of rights well within such time limitation.” Even if Petitioner’s appeals were timely, Petitioner has not challenged the Magistrate Judge’s determination that his § 2255 petition was not filed within one year of June 28, 2010, when the Michigan Supreme Court denied leave to appeal. Petitioner has not raised any meritorious challenges to the Magistrate Judge’s finding that his § 2255 petition is time-barred. Accordingly, IT IS HEREBY ORDERED that Petitioner’s objections to the Report and Recommendation of the Magistrate Judge (Dkt. No. 5) are OVERRULED. IT IS FURTHER ORDERED that the January 19, 2012, R&R (Dkt. No. 4) is APPROVED and ADOPTED as the opinion of the Court. IT IS FURTHER ORDERED that Petitioner’s petition for writ of habeas corpus (Dkt. No. 1) is DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED that a certificate of appealability is DENIED. Dated: September 6, 2012 /s/ Robert Holmes Bell ROBERT HOLMES BELL UNITED STATES DISTRICT JUDGE 2

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