Wilford #264510 v. Smith

Filing 46

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 45 re 37 , 43 : Petitioner's application, motion to stay, and certificate of appealability are DENIED; case closed; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt)

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UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION JAMES ALLEN WILFORD, Petitioner, File No. 1:13-cv-808 v. HON. GORDON J. QUIST WILLIE SMITH, Respondent. / ORDER This is an action for habeas corpus relief under 28 U.S.C. § 2254. On July 5, 2017, Magistrate Judge Phillip J. Green issued a Report and Recommendation (“R&R”) recommending that the Court deny the petition for lack of merit, deny Petitioner’s motion to stay the proceedings, and deny a certificate of appealability. No objection has been filed and the deadline for doing so has expired. The Court has reviewed the R&R and concludes that it makes a sound recommendation. Accordingly, IT IS ORDERED that the R&R (ECF No. 45) is APPROVED and ADOPTED as the opinion of the Court. IT IS FURTHER ORDERED that Petitioner’s application for habeas corpus relief (ECF No. 37) and motion to stay the proceedings (ECF No. 43) are DENIED. IT IS FURTHER ORDERED that a certificate of appealability is DENIED. A judgment will enter consistent with this order. Dated: August 2, 2017 /s/ Gordon J. Quist GORDON J. QUIST UNITED STATES DISTRICT JUDGE

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