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)

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

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