Patton #423237 v. Hofbauer

Filing 24

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 23 and dismissing the petition for writ of habeas corpus ; signed by Judge Robert Holmes Bell (Judge Robert Holmes Bell, kcb)

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN NORTHERN DIVISION

DARREN MAURICE PATTON, Petitioner, v. GERALD HOFBAUER, Respondent. ___________________________________/ Case No. 2:06-cv-185 HON. ROBERT HOLMES BELL

ORDER AND JUDGMENT APPROVING REPORT AND RECOMMENDATION The Court has reviewed the Report and Recommendation filed by the United States Magistrate Judge in this action. The Report and Recommendation was duly served on the parties, and no objection has been made thereto within the time required by law. THEREFORE, IT IS ORDERED that: 1. The Report and Recommendation of the Magistrate Judge (Docket #23) is approved

and adopted as the opinion of the Court. 2. 3. The petition for writ of habeas corpus is DISMISSED. A certificate of appealability is DENIED as to each issue raised by the petitioner in

this application for habeas corpus relief because petitioner has failed to make a "substantial showing of a denial of a constitutional right." 28 U.S.C. § 2253(c)(2).

Dated: January 29, 2009

/s/ Robert Holmes Bell ROBERT HOLMES BELL UNITED STATES DISTRICT JUDGE