Ramnarine #453206 v. Capello

Filing 36

ORDER ADOPTING REPORT AND RECOMMENDATION 35 re 19 : Motion for summary judgment and dismissal 19 is GRANTED and Petitioner's petition is DISMISSED; case closed; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt)

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UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN NORTHERN DIVISION RICHARD STEVEN RAMNARINE, Petitioner, Case No. 2:10-CV-88 v. HON. GORDON J. QUIST GARY CAPELLO, Respondent. / ORDER ADOPTING REPORT AND RECOMMENDATION The court has reviewed the Report and Recommendation filed by the United States Magistrate Judge in this action on July 28, 2011. No objections have been filed pursuant to 28 U.S.C. § 636(b)(1)(C). THEREFORE, IT IS ORDERED that the Report and Recommendation of the Magistrate Judge, filed July 28, 2011, is approved and adopted as the opinion of the court. IT IS FURTHER ORDERED that Respondent’s Motion For Summary Judgment And Dismissal Of Petition For Writ Of Habeas Corpus (docket no. 19) is GRANTED, and Petitioner’s habeas corpus petition is DISMISSED WITHOUT PREJUDICE for failure to exhaust available State court remedies. This case is concluded. Dated: September 13, 2011 /s/ Gordon J. Quist GORDON J. QUIST UNITED STATES DISTRICT JUDGE

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