Meadows #249032 v. Rodgers et al

Filing 16

MEMORANDUM AND ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION 15 ; signed by Judge R. Allan Edgar (Judge R. Allan Edgar, cam)

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

JASON PAUL MEADOWS # 249032,
Petitioner,
v.

Case No. 2:11-cv-13
HON. R. ALLAN EDGAR

PHILIP E. RODGERS, et al.,
Respondents.
_____________________________________/

MEMORANDUM AND ORDER

Petitioner Jason Paul Meadows, 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. The
case was referred to Magistrate Judge Timothy P. Greeley for a report and recommendation. On May
13, 2011, Magistrate Judge Greeley submitted his report recommending that the habeas petition be
denied and dismissed with prejudice on the ground that it is time-barred by the one-year statute of
limitations in 28 U.S.C. § 2244(d)(1)(A). [Doc. No. 15]. It is further recommended that a certificate
of appealablity be denied under 28 U.S.C. § 2253(c)(2).
Petitioner Meadows 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
petition for writ of habeas corpus brought under 28 U.S.C. § 2254 shall be DENIED and

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DISMISSED WITH PREJUDICE on the ground that it is time-barred by the one-year statute of
limitations in 28 U.S.C. § 2244(d)(1)(A).
If petitioner Meadows 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.
P. 22(b)(1); and Slack v. McDaniel, 529 U.S. 473, 484 (2000) for the reasons expressed in the report
and recommendation. Reasonable jurists could not find it debatable whether the habeas petition has
been properly dismissed on the ground that it is time barred the statute of limitations in 28 U.S.C.
§ 2244(d)(1)(A).
A separate judgment will enter.
SO ORDERED.
Dated: June 8, 2011.

/s/

R. Allan Edgar
R. ALLAN EDGAR

UNITED STATES DISTRICT JUDGE

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