Opinion
Case No.12-12466
06-12-2013
NORMAN LAMAR CLARK, Petitioner, v. STEVEN RIVARD, Defendant.
Honorable Patrick J. Duggan
OPINION AND ORDER (1) ADOPTING MAGISTRATE JUDGE'S MAY 20, 2013
REPORT AND RECOMMENDATION; (2) DENYING WITH PREJUDICE
PETITIONER'S PETITION FOR THE WRIT OF HABEAS CORPUS; AND (3)
DENYING PETITIONER A CERTIFICATE OF APPEALABILITY
On May 31, 2012, Plaintiff filed a pro se application for the writ of habeas corpus pursuant to 28 U.S.C. § 2254 in which he challenges his November 30, 2010 convictions and sentence in the Wayne County Circuit Court. This Court has referred the matter to Magistrate Judge Paul Komives for a report and recommendation and for the entry of any preliminary and/or post-judgment orders. (ECF No. 8.) On May 20, 2013, Magistrate Judge Komives issued his Report and Recommendation (R&R) recommending that this Court deny Petitioner's application for the writ of habeas corpus and deny Petitioner a certificate of appealability. (ECF No. 10.)
At the conclusion of his R&R, Magistrate Judge Komives advises the parties that they may object to and seek review of the R&R within fourteen days of service upon them. (Id. at 12.) He further specifically advises the parties that "[f]ailure to file specific objections constitutes a waiver of any further right to appeal." (Id.) No objections to the R&R were filed.
The Court has carefully reviewed the R&R and concurs with the conclusions reached by Magistrate Judge Komives. The Court therefore adopts Magistrate Judge Komives' May 20, 2013 Report and Recommendation.
Accordingly,
IT IS ORDERED, that Petitioner's application for the writ of habeas corpus pursuant to 28 U.S.C. § 2254 is DENIED;
IT IS FURTHER ORDERED, that Petitioner is DENIED A CERTIFICATE OF APPEALABILITY.
PATRICK J. DUGGAN
UNITED STATES DISTRICT JUDGE that
Copies to:
Norman Lamar Clark, #583065
St. Louis Correctional Facility
8585 N. Croswell Road
St. Louis, MI 48880
AAG Laura Moody Magistrate Judge Paul Komives