Davenport #179762 v. MacLaren

Filing 42

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 41 ; denying without prejudice to refile with the Sixth Circuit motion for bond 31 ; signed by Judge Janet T. Neff (Judge Janet T. Neff, rmw)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
ERVINE LEE DAVENPORT,
Petitioner,
Case No. 1:14-cv-1012
v.
HON. JANET T. NEFF
DUNCAN MACLAREN,
Respondent.

_________________________/
ORDER
This is a habeas corpus action filed by a state prisoner pursuant to 28 U.S.C. § 2254.
Petitioner filed an Emergency Motion for Bond Pending Complete Enforcement of Habeas Relief
or, in the Alternative, Pending Appeal (ECF No. 31). The matter was referred to the Magistrate
Judge, who issued a Report and Recommendation on January 7, 2021, recommending that this
Court deny the motion without prejudice to allow Petitioner to refile it with the Sixth Circuit. The
Report and Recommendation was duly served on the parties. No objections have been filed. See
28 U.S.C. § 636(b)(1). Accordingly:
IT IS HEREBY ORDERED that the Report and Recommendation (ECF No. 41) is
APPROVED and ADOPTED as the Opinion of the Court.
IT IS FURTHER ORDERED that the Emergency Motion for Bond Pending Complete
Enforcement of Habeas Relief or, in the Alternative, Pending Appeal (ECF No. 31) is DENIED
without prejudice to refile with the United States Court of Appeals for the Sixth Circuit.

Dated: February 2, 2021

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