Opinion
No. 03-CV-73398-DT.
March 13, 2006
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND DISMISSING PLAINTIFF'S HABEAS CORPUS ACTION
This matter having come before the Court on the Report and Recommendation of United States Magistrate Judge Paul J. Komives recommending that the Court deny Dominic Campbell's petition for a writ of habeas corpus, and that this case, accordingly, be dismissed; and Petitioner and Respondent having timely filed Objections to the Report and Recommendation; and the Court having reviewed the Magistrate Judge's Report and Recommendation, the Objections thereto, and the Court's file of this action and having concluded that, for the reasons stated in the Report and Recommendation, the petition for habeas corpus relief should be denied; and the Court being otherwise fully advised in the premises,
Petitioner also filed Objections to Magistrate Judge Komives's separate Orders denying Petitioner's Motions for an Evidentiary Hearing and for Appointment of Counsel.
IT IS HEREBY ORDERED that the Magistrate Judge's Report and Recommendation of March 31, 2005 be, and hereby is, adopted by this Court.
IT IS FURTHER ORDERED that the Magistrate's Orders denying Petitioner's Motion for an Evidentiary Hearing and for Appointment of Counsel are affirmed.
IT IS FURTHER ORDERED that, for the reasons set forth in the Magistrate Judge's Report and Recommendation, Dominic Campbell's petition for habeas corpus relief be, and hereby is DENIED and the above-captioned case, therefore, is DISMISSED.
IT IS FURTHER ORDERED that, for the reasons stated by the Magistrate Judge, pursuant to 28 U.S.C. § 2243(c), no certificate of appealability should issue for purposes of appeal of this matter. The Court will also deny Petitioner leave to appeal in forma pauperis. A habeas petitioner seeking to appeal the denial of a habeas petition will not be permitted to proceed in forma pauperis, where the appeal would be frivolous. Hence v. Smith, 49 F. Supp. 2d 547, 549 (E.D. Mich. 1999).