Buchanan #249182 v. Palmer
Filing
30
ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 29 ; denying petition for habeas corpus relief; Judgment to issue; signed by Judge Janet T. Neff (Judge Janet T. Neff, rmw)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
RICKY BUCHANAN,
Petitioner,
Case No. 1:11-cv-1359
v.
HON. JANET T. NEFF
CARMEN PALMER,
Respondent.
_______________________________/
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 Report and Recommendation on December 3, 2014,
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
Order. The Court will also issue a Judgment in this § 2254 proceeding. See Gillis v. United States,
729 F.3d 641, 643 (6th Cir. 2013) (requiring a separate judgment in habeas proceedings).
THEREFORE, IT IS ORDERED that the Report and Recommendation of the Magistrate
Judge (Dkt 29) is APPROVED and ADOPTED as the Opinion of the Court and the petition for
habeas corpus relief 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).
Dated: December 29, 2014
/s/ Janet T. Neff
JANET T. NEFF
United States District Judge
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