Clayton #419682 v. Hofbauer

Filing 28

ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION 27 ; signed by Judge R. Allan Edgar (Judge R. Allan Edgar, cam)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION
DANNY JOE CLAYTON,
Petitioner,
v.

Case No. 2:08-cv-252
HON. R. ALLAN EDGAR

GERALD HOFBAUER,
Respondent.
_____________________________________/

MEMORANDUM AND ORDER
Petitioner Danny Joe Clayton, a Michigan state prisoner in the custody of the Michigan
Department of Corrections, filed a petition for writ of habeas corpus under 28 U.S.C. § 2254. On
August 25, 2011, Magistrate Judge Timothy P. Greeley submitted his report and recommendation.
[Court Doc. No. 27]. It is recommended that the habeas petition be denied and dismissed with
prejudice, and that a certificate of appealablity be denied under 28 U.S.C. § 2253(c)(2).
Petitioner Clayton has not timely filed any objections to the report and recommendation.
After reviewing the record, the Court ACCEPTS and ADOPTS the report and recommendation
pursuant to 28 U.S.C. § 636(b)(1) and W.D. Mich. LCivR 72.3(b). The Court concludes that the
habeas petition brought under 28 U.S.C. § 2254 is without merit. The habeas petition shall be
DENIED and DISMISSED WITH PREJUDICE.
If petitioner Clayton files a notice of appeal, it will be treated as an application for a
certificate of appealability which shall be DENIED pursuant to 28 U.S.C. § 2253(c)(2); Fed. R. App.

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P. 22(b)(1); and Slack v. McDaniel, 529 U.S. 473, 484 (2000), for the same reasons expressed in the
report and recommendation. Petitioner Clayton has not made a substantial showing of the denial of
a federal constitutional right. Reasonable jurists could not find that dismissal of the habeas petition
is debatable or erroneous.
A separate judgment will enter.
SO ORDERED.
Dated: September 16, 2011.

/s/

R. Allan Edgar
R. ALLAN EDGAR

UNITED STATES DISTRICT JUDGE

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