Warren #790800 v. Palmer

Filing 8

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 7 ; granting motion to dismiss 5 ; dismissing habeas petition and denying a certificate of appealability; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION DEVONTE JAQUEZ WARREN, Petitioner, Case No. 1:17-cv-157 v. HONORABLE PAUL L. MALONEY CARMEN D. PALMER, Respondent. __________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION This is a habeas corpus petition filed pursuant to 28 U.S.C. § 2254. Respondent filed a Motion to Dismiss. The matter was referred to the Magistrate Judge, who issued a Report and Recommendation on October 24, 2017, recommending that this Court grant the motion and dismiss 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). Therefore, IT IS HEREBY ORDERED that the Report and Recommendation (ECF No. 7) is APPROVED and ADOPTED as the Opinion of the Court. IT IS FURTHER ORDERED that the Motion to Dismiss (ECF No. 5) is GRANTED and the habeas petition is DISMISSED 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). A Judgment will be entered consistent with this Order. Dated: November 27, 2017 /s/ Paul L. Maloney Paul L. Maloney United States District Judge 2

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