Opinion
Case No. 12-CV-10661
06-12-2013
HON. GEORGE CARAM STEEH
ORDER ACCEPTING AND ADOPTING REPORT AND
RECOMMENDATION [DOC. 12] AND DENYING PETITIONER'S
APPLICATION AND DENYING A CERTIFICATE OF APPEALABILITY
This habeas petition, brought pursuant to 28 U.S.C. § 2254, was referred to Magistrate Judge Komives for report and recommendation. On May 8, 2013, Magistrate Judge Komives issued his report recommending that the court deny petitioner's application for the writ of habeas corpus and deny petitioner a certificate of appealability. No objections have been filed to the report and recommendation and the time period for doing so has expired.
The failure to file objections to a report and recommendation generally constitutes a waiver of the right to appeal the judgment of the district court. Thomas v. Arn, 474 U.S. 140, 155 (1985); Alspaugh v. McConnell, 643 F.3d 162, 166 (6th Cir. 2011). The court hereby ACCEPTS and ADOPTS the magistrate judge's report and recommendation. Petitioner's application for the writ of habeas corpus hereby is DENIED and DISMISSED WITH PREJUDICE and a certificate of appealability hereby is DENIED.
IT IS SO ORDERED.
_________________
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
On June 12, 2013, copies of this Order were served upon
attorneys of record and also on John Coney, #418821,
Ojibway Correctional Facility, 5705 Ojibway Road,
Marenisco, MI 49947, by electronic and/or ordinary mail.