Lario-Munoz #624332 v. Palmer

Filing 8

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 7 ; denying petition 1 and motion 3 ; a certificate of appealability is denied as to each issue asserted; Judgment to issue; signed by Judge Janet T. Neff (Judge Janet T. Neff, rmw)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

EDWIN GREGORIO LARIO-MUNOZ,
Petitioner,

Case No. 1:13-cv-804

v.

HON. JANET T. NEFF

CARMEN D. 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 September 4, 2013,
recommending that this Court deny the petition and motion to accept late pleading. 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, No. 12-3397, 2013 WL 4779112, at *2 (6th Cir. Sept. 9,
2013) (requiring a separate judgment in habeas proceedings).
THEREFORE, IT IS ORDERED that the Report and Recommendation of the Magistrate
Judge (Dkt 7) is APPROVED and ADOPTED as the Opinion of the Court and the petition for
habeas corpus relief (Dkt 1) and motion to accept late pleading (Dkt 3) are 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© 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: September 30, 2013

/s/ Janet T. Neff
JANET T. NEFF
United States District Judge