Johnson #163802 v. Metrish

Filing 36

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 35 , dismissing petitioner's habeas corpus petition, and denying certificate of appealability ; signed by Judge Robert Holmes Bell (Judge Robert Holmes Bell, kcb)

UNITED STATES DISTRICT COURT W E S T E R N DISTRICT OF MICHIGAN NORTHERN DIVISION DAVID BRIAN JOHNSON, Petitioner, File no: 2:07-CV-23 v. HON. ROBERT HOLMES BELL LINDA M. METRISH, Respondent. / ORDER APPROVING MAGISTRATE'S R E P O R T AND RECOMMENDATION T h e Court has reviewed the Report and Recommendation filed by the United S ta te s Magistrate in this action. The Report and Recommendation was duly served on the p a rtie s. No objections have been filed. A C C O R D IN G L Y , the Report and Recommendation is hereby adopted as the o p in io n of the Court. T H E R E F O R E , IT IS ORDERED that petitioner's habeas corpus petition is hereby D IS M IS S E D . I T IS FURTHER ORDERED that a certificate of appealability is DENIED as to each issue raised by the petitioner in this application for habeas corpus relief because p e titio n e r has failed to make a "substantial showing of a denial of a constitutional right." 2 8 U.S.C. § 2253(c)(2). Dated: September 17, 2009 /s/ Robert Holmes Bell ROBERT HOLMES BELL U N IT E D STATES DISTRICT JUDGE