Miller #407359 v. MacLaren

Filing 29

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 27 ; denying a 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 ANDREW JOHN MILLER, Petitioner, Case No. 1:12-cv-117 v. HON. ROBERT HOLMES BELL DUNCAN MACLAREN, Respondent. / MEMORANDUM OPINION AND ORDER ADOPTING THE REPORT AND RECOMMENDATION This is a habeas corpus petition brought by a state prisoner under 28 U.S.C. § 2254. The matter was referred to Magistrate Judge Phillip Green, who issued a Report and Recommendation (“R&R”) on November 11, 2016, recommending that this Court deny the petition on its merits. (ECF No. 27.) The matter is before the Court on Petitioner’s objections to the R&R. (ECF No. 28.) This Court is required to make a de novo review upon the record of those portions of the R&R to which specific objections have 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); see also Miller v. Currie, 50 F.3d 373, 380 (6th Cir. 1995) (“[A] general objection to a magistrate’s report, which fails to specify the issues of contention, does not satisfy the requirement that an objection be filed. The objections must be clear enough to enable the district court to discern those issues that are dispositive and contentious.”). Petitioner objects to the Magistrate Judge’s conclusion that his petition is without merit. Petitioner raises the same arguments, practically word for word, that he already set forth in his petition. The Court has conducted a de novo review of the record, and finds that the R&R accurately recites the facts and correctly applies pertinent law. Thus, the Court agrees with and adopts the Magistrate Judge’s analysis. Accordingly, IT IS HEREBY ORDERED that Petitioner’s objections to the R&R (ECF No. 28) are OVERRULED. IT IS FURTHER ORDERED that the R&R (ECF No. 27) is APPROVED and ADOPTED as the opinion of the Court. IT IS FURTHER ORDERED that a certificate of appealability is DENIED. 28 U.S.C. § 2253(c). Reasonable jurists would not disagree with the Court’s conclusion that Petitioner’s claims are meritless. See Slack v. McDaniel, 529 U.S. 473, 483-84 (2000). Dated: December 19, 2016 /s/ Robert Holmes Bell ROBERT HOLMES BELL UNITED STATES DISTRICT JUDGE

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