Opinion
Case No. 2:10-cv-93
08-02-2012
CHRISTOPHER SHAUN HAZEN, Petitioner, v. LINDA TRIBLEY. Respondent.
HON. R. ALLAN EDGAR
MEMORANDUM AND ORDER
Petitioner Christopher Shaun Hazen, a Michigan state prisoner in the custody of the Michigan Department of Corrections, filed a petition for writ of habeas corpus under 28 U.S.C. § 2254. On June 21, 2012, Magistrate Judge Timothy P. Greeley submitted his report and recommendation. [Court Doc. No. 18]. It is recommended that the habeas petition be denied and dismissed with prejudice, and that a certificate of appealablity be denied under 28 U.S.C. § 2253(c)(2).
Petitioner Hazen 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 Court concludes that the habeas petition brought under 28 U.S.C. § 2254 is without merit. The habeas petition shall be DENIED and DISMISSED WITH PREJUDICE.
If petitioner Hazen files a notice of appeal, it will be treated as an application for a certificate of appealability which shall be DENIED pursuant to 28 U.S.C. § 2253(c)(2); Fed. R. App. P. 22(b)(1); and Slack v. McDaniel, 529 U.S. 473, 484 (2000) for the same reasons expressed in the report and recommendation. Petitioner Hazen has not made a substantial showing of the denial of a federal constitutional right. Reasonable jurists could not find that dismissal of the habeas petition is debatable or erroneous.
A separate judgment will enter.
SO ORDERED.
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R. ALLAN EDGAR
UNITED STATES DISTRICT JUDGE