Figel v. Luoma

Full title: GREGORY A. FIGEL, Petitioner, v. TIM LUOMA, Respondent

Court: United States District Court, W.D. Michigan, Northern Division

Date published: Jun 19, 2008

Case No. 2:05-cv-171 (W.D. Mich. Jun. 19, 2008)

Opinion

Case No. 2:05-cv-171.

June 19, 2008

MEMORANDUM AND ORDER

R. EDGAR, District Judge

Petitioner Gregory A. Figel has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The petition was referred to Magistrate Judge Timothy P. Greeley for a report and recommendation under 28 U.S.C. § 636(b)(1)(B) and W.D. Mich. L Civ R 72.1(d). On May 15, 2008, the Magistrate Judge submitted his report and recommendation that the habeas petition be denied and dismissed with prejudice. [Doc. No. 21]. Petitioner has not timely filed any objections to the report and recommendation.

After reviewing the record, the Court ACCEPTS and ADOPTS the report and recommendation pursuant to 28 U.S.C. § 636(b)(1) and W.D. Mich. LCivR 72.3(b). The habeas petition shall be DENIED and DISMISSED WITH PREJUDICE. A separate judgment will enter.

Any appeal by petitioner Figel from this decision would be frivolous. He has not made a substantial showing of a denial of a constitutional right. For the reasons expressed by the Magistrate Judge in the report and recommendation, a certificate of appealability shall be DENIED under 28 U.S.C. § 2253(c).

SO ORDERED