Goines #645152 v. Burton

Filing 11

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 10 ; denying habeas petition; denying a certificate of appealability; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

BERNARD GOINES, JR.,
Petitioner,
Case No. 1:15-cv-354
v.
HONORABLE PAUL L. MALONEY
DEWAYNE BURTON,
Respondent.
____________________________/

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION
This is a habeas corpus petition filed pursuant to 28 U.S.C. § 2254. The matter was referred
to Magistrate Judge Phillip J. Green, who issued a Report and Recommendation on September 5,
2017, recommending that this Court deny the petition. 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, 729 F.3d 641, 643 (6th Cir. 2013) (requiring a separate judgment in habeas
proceedings). Therefore,
IT IS HEREBY ORDERED that the Report and Recommendation of the Magistrate
Judge (ECF No. 10) is APPROVED and ADOPTED as the Opinion of the Court and the petition
for habeas corpus relief (ECF No. 1) 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. 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 29, 2017

/s/ Paul L. Maloney
Paul L. Maloney
United States District Judge

2

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

BERNARD GOINES, JR.,
Petitioner,
Case No. 1:15-cv-354
v.
HONORABLE PAUL L. MALONEY
DEWAYNE BURTON,
Respondent.
____________________________/
JUDGMENT
In accordance with the Order entered on this date:
IT IS HEREBY ORDERED that Judgment is hereby entered in favor of Respondent.

Dated: September 29, 2017

/s/ Paul L. Maloney
Paul L. Maloney
United States District Judge