Bush v. Renico

Full title: DOUGLAS PHILLIP BUSH, Petitioner, v. PAUL RENICO, Respondent

Court: United States District Court, E.D. Michigan, Southern Division

Date published: Oct 4, 2005

Case No. 04-74609 (E.D. Mich. Oct. 4, 2005)

Opinion

Case No. 04-74609.

October 4, 2005

ORDER ADOPTING REPORT AND RECOMMENDATION DENYING PETITION FOR WRIT OF HABEAS CORPUS

VICTORIA ROBERTS, District Judge

This matter is before the Court on Petitioner's objections to the Report and Recommendation ("RR") of Magistrate Morgan, recommending denial of Petitioner's petition for writ of habeas corpus pursuant to 28 USC § 2254. After reviewing the Petitioner's objections, the Court ADOPTS the RR and DENIES Petitioner's petition for writ of habeas corpus.

The grounds raised by Petitioner in his petition are denied for the reasons set forth in the RR. Additionally, the Petitioner raises a new objection, judicial misconduct.

The Petitioner alleges judicial misconduct against Magistrate Morgan for a litany of alleged errors. Petitioner's claims of error are without merit. The discovery rules cited by Petitioner in his objection do not apply to the facts a magistrate must include in her opinion. [Petitioner's Objection, p. 1]. Further, a magistrate is free to agree with the findings of fact in state court decisions based on the record before her.

For the reasons set forth in the RR and as described above, the Court ADOPTS the RR and DENIES Petitioner's petition for habeas corpus.

IT IS SO ORDERED.