McCowan #183060 v. Berghuis

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATION 6 and dismissing the petition; a certificate of appealability is denied; signed by Chief Judge Paul L. Maloney (Chief Judge Paul L. Maloney, kw)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION DENNY B. MCCOWAN, Petitioner, ) ) ) -v) ) MARY BERGHUIS, ) Respondent. ) ____________________________________) No. 1:12-cv-1377 HONORABLE PAUL L. MALONEY ORDER ADOPTING REPORT AND RECOMMENDATION Petitioner Denny Bryant brings a habeas action under 28 U.S.C. ยง 2254. The magistrate judge performed an initial review of the petition. The magistrate judge issued a report recommending the petition be dismissed on the basis that it is barred by the one-year statute of limitations. (ECF No. 6.) Bryant filed an objection. (ECF No. 7.) Although the objection was not filed within the 14 days allowed by statute and rule, Bryant has explained the late filing, which the Court accepts. Having reviewed the report and recommendation and objections, and finding that the objections do not undermine the sound conclusions in the report, the report and recommendation (ECF No. 6) is ADOPTED as the opinion of this Court. The petition is DISMISSED. A Certificate of Appealability is DENIED. Reasonable jurists would not disagree with the conclusion that this petition was filed after the one-year statute of limitations expired. See Slack v. McDaniel, 529 U.S. 473, 483-84 (2000). IT IS SO ORDERED. Date: March 8, 2013 /s/ Paul L. Maloney Paul L. Maloney Chief United States District Judge

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