Hardison #217888 v. Sherry

Filing 36

OPINION AND ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 32 ; signed by Judge Robert Holmes Bell (Judge Robert Holmes Bell, kcb)

UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF MICHIGAN N O R T H E R N DIVISION A N T H O N Y DEVERE HARDISON, P e titio n e r , v. B A R R Y DAVIS, R e s p o n d e n t. ___________________________________/ O P I N I O N AND ORDER APPROVING MAGISTRATE JUDGE'S R E P O R T AND RECOMMENDATION T h e Court has reviewed the Report and Recommendation filed by the United States M a gistra te Judge in this action on May 7, 2008. The Report and Recommendation was duly served o n the parties. The Court has received objections from petitioner. In accordance with 28 U.S.C. § 6 3 6 (b )(1 ), the Court has performed de novo consideration of those portions of the Report and R e c o m m e n d a tio n to which objection has been made. The Court now finds the objections to be w ith o u t merit. P e titio n e r procedurally defaulted the issues that he presents in his petition and has fa ile d to show cause and prejudice for his procedural default. Moreover, petitioner has failed to s h o w that his trial counsel and appellate counsel were ineffective. T H E R E F O R E , IT IS ORDERED that the Report and Recommendation of the M a gistra te Judge (Docket #32) is approved and adopted as the opinion of the Court. C a s e No. 2:05-cv-170 H O N . ROBERT HOLMES BELL

D a te d : S e p te m b e r 9, 2008

/s/ Robert Holmes Bell ROBERT HOLMES BELL U N IT E D STATES DISTRICT JUDGE