Johnson #205144 v. Woods

Filing 22

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 21 , dismissing without prejudice petition for writ of habeas corpus, and denying certificate of appealability ; signed by Judge Robert Holmes Bell (Judge Robert Holmes Bell, kcb)

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UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN NORTHERN DIVISION DEMETRICE JOHNSON, Petitioner, File No: 2:10-CV-70 v. HON. ROBERT HOLMES BELL JEFFREY WOODS, Respondent. / ORDER APPROVING AND ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION On June 24, 2011, Magistrate Judge Timothy P. Greeley issued a Report and Recommendation (“R&R”) recommending that Petitioner Demetrice Johnson’s petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 be dismissed without prejudice. (Dkt. No. 21, R&R.) The R&R was duly served on the parties. No objections have been filed, and the deadline for doing so has expired. Upon review, the Court concludes that the R&R correctly analyzes the issues and makes a sound recommendation. Accordingly, IT IS HEREBY ORDERED that the June 24, 2011, R&R (Dkt. No. 21) is APPROVED and ADOPTED as the opinion of the Court. IT IS FURTHER ORDERED that Petitioner’s petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 (Dkt. No. 1) is DISMISSED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that a certificate of appealability is DENIED. 28 U.S.C. § 2253(c); Slack v. McDaniel, 529 U.S. 473 (2000). Dated: July 15, 2011 /s/ Robert Holmes Bell ROBERT HOLMES BELL UNITED STATES DISTRICT JUDGE

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