McCarthy #711386 v. Perry
Filing
8
ORDER ADOPTING REPORT AND RECOMMENDATION 7 : Petitioner's petition and certificate of appealability are DENIED; case closed; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt)
UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION
BRIAN JOSEPH MCCARTHY,
Petitioner,
Case No. 2:17-CV-126
v.
HON. GORDON J. QUIST
MITCH PERRY,
Respondent.
/
ORDER ADOPTING
REPORT AND RECOMMENDATION
The Court has reviewed Magistrate Judge Timothy P. Greeley’s December 3, 2018, Report
and Recommendation recommending that Petitioner’s petition for writ of habeas corpus be denied
and that the Court deny Petitioner a certificate of appealability. The Report and Recommendation
was duly served on Petitioner on December 4, 2018. No objections have been filed pursuant to 28
U.S.C. § 636(b). Therefore the Court will adopt the Report and Recommendation.
THEREFORE, IT IS HEREBY ORDERED that the December 3, 2018, Report and
Recommendation (ECF No. 7) is approved and adopted as the Opinion of the Court, and Petitioner’s
habeas petition (ECF No. 1) is DENIED.
IT IS FURTHER ORDERED that a certificate of appealability is DENIED.
A separate judgment will enter.
This case is concluded.
Dated: January 10, 2019
/s/ Gordon J. Quist
GORDON J. QUIST
UNITED STATES DISTRICT JUDGE
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