From Casetext: Smarter Legal Research

Haynes v. Bergh

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION
Dec 5, 2014
Case No. 13-10358 (E.D. Mich. Dec. 5, 2014)

Opinion

Case No. 13-10358

12-05-2014

MAURICE ANTWAN HAYNES, Petitioner, v. DAVID BERGH, Respondent.


OPINION AND ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION, DENYING PETITION FOR WRIT OF HABEAS CORPUS AND DENYING CERTIFICATE OF APPEALABILITY

Petitioner, a State of Michigan prisoner proceeding pro se, filed a Petition for Writ of Habeas Corpus, challenging his convictions on several constitutional grounds [dkt. 1]. This matter is currently before the Court on Magistrate Judge Paul J. Komives' Report and Recommendation [dkt. 14], wherein the Magistrate Judge recommends that this Court deny both (a) the Petition for Writ of Habeas Corpus and (b) a certificate of appealability. Petitioner timely filed objections to the Report and Recommendation [dkt. 15].

The Court has thoroughly reviewed the court file, the Report and Recommendation, and Petitioner's objections. The Court finds that the substance of all of Petitioner's objections is contained within Petitioner's application for the writ of habeas corpus and was comprehensively addressed by the Magistrate Judge's Report and Recommendation. As such, the Court ADOPTS the Report and Recommendation and enters it as the findings and conclusions of this Court.

Accordingly, IT IS HEREBY ORDERED that Petitioner's application for the writ of habeas corpus [dkt. 1] is DENIED.

IT IS FURTHER ORDERED that a certificate of appealability is DENIED. Judgment shall be entered accordingly.

IT IS SO ORDERED. Date: December 5, 2015

s/Lawrence P. Zatkoff

Hon. Lawrence P. Zatkoff

U.S. District Judge


Summaries of

Haynes v. Bergh

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION
Dec 5, 2014
Case No. 13-10358 (E.D. Mich. Dec. 5, 2014)
Case details for

Haynes v. Bergh

Case Details

Full title:MAURICE ANTWAN HAYNES, Petitioner, v. DAVID BERGH, Respondent.

Court:UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

Date published: Dec 5, 2014

Citations

Case No. 13-10358 (E.D. Mich. Dec. 5, 2014)

Citing Cases

Wiles v. Warden

Recantation testimony, particularly when it is unsworn and belatedly submitted, is considered "of little…

Lynch v. Hall

Many lower courts have also recognized that the Supreme Court has "hinted that dying declarations may fall…