Summary
finding overwhelming evidence of guilt based on petitioner's confession and victim's statement
Summary of this case from Rodriguez v. New YorkOpinion
Civil Case No. 04-40094.
October 31, 2006
ORDER ACCEPTING REPORT AND RECOMMENDATION
Before the Court is Petitioner's application for writ of habeas corpus pursuant to 28 U.S.C. § 2254 and the Report and Recommendation of the Honorable Virginia M. Morgan, United States Magistrate Judge. The Magistrate Judge recommends that this Court deny Petitioner's application for writ of habeas corpus. The Magistrate Judge filed the Report and Recommendation on August 29, 2006 and notified all the parties that any objections must be filed within ten days of service. Neither party has filed objections to the Report and Recommendation.
The Court's standard of review for a Magistrate Judge's Report and Recommendation depends upon whether a party files objections. If a party does not object to the Report and Recommendation, the Court does not need to conduct a review by any standard. See Lardie v. Birkett, 221 F. Supp. 2d 806, 807 (E.D. Mich. 2002) (Gadola, J.). As the Supreme Court observed, "[i]t does not appear that Congress intended to require district court review of a magistrate's factual or legal conclusions, under a de novo or any other standard, when neither party objects to those findings." Thomas v. Arn, 474 U.S. 140, 150 (1985). Since neither party has filed objections to the Report and Recommendation, the Court need not conduct a review.
ACCORDINGLY, IT IS HEREBY ORDERED that the Report and Recommendation [docket entry 33] is ACCEPTED and ADOPTED as the opinion of this Court.
IT IS FURTHER ORDERED that Petitioner's application for writ of habeas corpus [docket entry 1] is DENIED.
SO ORDERED.