Opinion
Case No. 13-14991
10-15-2014
RITA ANN GOSSELIN, Petitioner, v. MILLICENT WARREN, Respondent.
HON. PAUL J. KOMIVES
ORDER ADOPTING REPORT AND RECOMMENDATION (DKT. 10)
Petitioner Rita Ann Gosselin, a state prisoner currently incarcerated at the Women's Huron Valley Correctional Facility in Ypsilanti, Michigan, is seeking a writ of habeas corpus. Advancing three separate grounds in support of her petition, Petitioner claims that: (1) the trial court's refusal to allow her to withdraw her guilty plea violated her Constitutional rights; (2) her plea was involuntary; and (3) she was denied the effective assistance of trial counsel. (Dkt. 1, pp. 4-7.)
On June 17, 2014, the Court referred this case to Magistrate Judge Paul J. Komives (Dkt. 8). On September 9, 2014 the Magistrate Judge issued a Report and Recommendation (Dkt. 10), recommending that the Court deny Petitioner's application for a writ of habeas corpus and her request for a certificate of appealability.
The law provides that either party may serve and file written objections "[w]ithin fourteen days after being served with a copy" of the report and recommendations. 28 U.S.C. § 636(b)(1). The district court will make a "de novo determination of those portions of the report . . . to which objection is made." Id. Where, as here, neither party objects to the report, the district court is not obligated to independently review the record. See Thomas v. Arn, 474 U.S. 140, 149-52 (1985). Nevertheless, the Court has carefully reviewed Petitioner's application and the government's response and does hereby ACCEPT and ADOPT Magistrate Judge Komives' Report and Recommendation of September 9, 2014, as this Court's findings of fact and conclusions of law.
Therefore, Petitioner's application for a writ of habeas corpus is DENIED; further, Petitioner is DENIED a certificate of appealability.
SO ORDERED. Dated: October 15, 2014
s/Terrence G. Berg_
TERRENCE G. BERG
UNITED STATES DISTRICT JUDGE
Certificate of Service
I hereby certify that this Order was electronically submitted on October 15, 2014, using the CM/ECF system; a copy of this Order was also addressed to Petitioner and mailed to 797736 Huron Valley Complex - Womens, 3201 Bemis Road, Ypsilanti, Michigan 48197.
s/A. Chubb
Case Manager