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Carter v. Maclaren

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN NORTHERN DIVISION
Jan 7, 2019
Case No. 2:15-cv-151 (W.D. Mich. Jan. 7, 2019)

Opinion

Case No. 2:15-cv-151

01-07-2019

TERRENCE CARTER, Petitioner, v. DUNCAN MACLAREN, Respondent.


ORDER ADOPTING REPORT AND RECOMMENDATION

This is a habeas corpus petition filed pursuant to 28 U.S.C. § 2254. The matter was referred to the Magistrate Judge, who issued a Report and Recommendation on December 4, 2018, recommending that this Court dismiss the petition. The Report and Recommendation was duly served on the parties. No objections have been filed, see 28 U.S.C. § 636(b)(1), and the Court issues this Order. The Court will also issue a Judgment in this § 2254 proceeding. See Gillis v. United States, 729 F.3d 641, 643 (6th Cir. 2013) (requiring a separate judgment in habeas proceedings). Therefore,

IT IS HEREBY ORDERED that the Report and Recommendation of the Magistrate Judge (ECF No. 11) is APPROVED and ADOPTED as the Opinion of the Court, and the petition for habeas corpus relief (ECF No. 1) is DISMISSED with prejudice for the reasons stated in the Report and Recommendation.

IT IS FURTHER ORDERED that a certificate of appealability pursuant to 28 U.S.C. § 2253(c) is DENIED as to each issue asserted. See RULES GOVERNING § 2254 CASES, Rule 11 (requiring the district court to "issue or deny a certificate of appealability when it enters a final order"). Petitioner has not demonstrated that reasonable jurists would find the Court's rulings debatable or wrong. Slack v. McDaniel, 529 U.S. 473 (2000); Murphy v. Ohio, 263 F.3d 466, 466-67 (6th Cir. 2001). Dated: January 7, 2019

/s/ Paul L. Maloney

Paul L. Maloney

United States District Judge


Summaries of

Carter v. Maclaren

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN NORTHERN DIVISION
Jan 7, 2019
Case No. 2:15-cv-151 (W.D. Mich. Jan. 7, 2019)
Case details for

Carter v. Maclaren

Case Details

Full title:TERRENCE CARTER, Petitioner, v. DUNCAN MACLAREN, Respondent.

Court:UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN NORTHERN DIVISION

Date published: Jan 7, 2019

Citations

Case No. 2:15-cv-151 (W.D. Mich. Jan. 7, 2019)