Williams #647531 v. Balcarcel

Filing 19

FINAL ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 9 ; the petition for habeas corpus relief is denied; a certificate of appealability is denied as to each issue asserted; signed by Judge Janet T. Neff (Judge Janet T. Neff, rmw)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION BRIAN CONRAD WILLIAMS, Petitioner, Case No. 1:12-cv-1418 v. HON. JANET T. NEFF ERICK BALCARCEL, 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 Report and Recommendation on March 19, 2013, recommending that this Court deny the petition. The Report and Recommendation was duly served on the parties. Petitioner filed an Appeal (Dkt 10), which the Sixth Circuit Court of Appeals dismissed (Dkt 18). No objections to the Report and Recommendation 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 Report and Recommendation of the Magistrate Judge (Dkt 9) is APPROVED and ADOPTED as the Opinion of the Court and the petition for habeas corpus relief (Dkt 8) 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, in accordance with the Report and Recommendation and this Court’s April 16, 2013 Order (Dkt 16). 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). Dated: June 19, 2013 /s/ Janet T. Neff JANET T. NEFF United States District Judge Page 2 of 2

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