Postell #366583 v Woods

Filing 13

ORDER re Report and Recommendation 7 and CERTIFICATION; denying certificate of appealability ; signed by Judge Robert Holmes Bell (Judge Robert Holmes Bell, kcb)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN NORTHERN DIVISION ANTONIO DEQUAN POSTELL, Petitioner, Case No.: 2:11-cv-169 v. HON. ROBERT HOLMES BELL JEFFREY WOODS, Respondent. ___________________________/ ORDER AND CERTIFICATION In accordance with the Opinion entered this date, IT IS HEREBY ORDERED that Petitioner’s Objections (Dkt. Nos. 8, 9) are OVERRULED. IT IS FURTHER ORDERED that the Magistrate Judge’s July 13, 2011, Report and Recommendation (Dkt. No. 7) is APPROVED and ADOPTED as the opinion of the Court. IT IS FURTHER ORDERED that Petitioner’s petition for writ of habeas corpus (Dkt. No. 1) is DENIED. IT IS FURTHER ORDERED that a certificate of appealability is DENIED. IT IS FURTHER ORDERED that the Court HEREBY CERTIFIES to the Attorney General that the constitutionality of 28 U.S.C. § 2244 has been called into question in this case and DIRECTS the Clerk of Court to provide a copy of this Order and Certification, along with the accompanying Opinion, to (1) the Attorney General of the United States and (2) the United States Attorney for the Western District of Michigan. Dated: August 4, 2011 /s/ Robert Holmes Bell ROBERT HOLMES BELL UNITED STATES DISTRICT JUDGE 2

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