Moore #703509 v. Skipper
ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 6 ; denying petition; denying a certificate of appealability as to each issue asserted; Judgment to issue; signed by Judge Janet T. Neff (Judge Janet T. Neff, rmw)
Case 1:20-cv-01052-JTN-PJG ECF No. 8, PageID.236 Filed 09/08/21 Page 1 of 2
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
DEMETRIUS MASHAWN MOORE,
Case No. 1:20-cv-1052
HON. JANET T. NEFF
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 August 2, 2021,
recommending that this Court deny the petition and a certificate of appealability. The Report and
Recommendation was duly served on the parties.1 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. 6) 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
Service of the Report and Recommendation on Petitioner was returned, marked “return to
sender,” “not deliverable as addressed” and “unable to forward” (ECF No. 7). According to the
docket, the Report and Recommendation was re-mailed to Petitioner on August 13, 2021 at an
address verified with the Michigan Department of Corrections.
Case 1:20-cv-01052-JTN-PJG ECF No. 8, PageID.237 Filed 09/08/21 Page 2 of 2
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 8, 2021
/s/ Janet T. Neff
JANET T. NEFF
United States District Judge
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