Hereford v. Warren

Full title: DARRON HEREFORD, Petitioner, v. MILLICENT WARREN, Respondent

Court: United States District Court, E.D. Michigan, Southern Division

Date published: Mar 31, 2006

Civil Case No. 04-40293 (E.D. Mich. Mar. 31, 2006)

Opinion

Civil Case No. 04-40293.

March 31, 2006

ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION

PAUL GADOLA, District Judge

Petitioner filed the instant action seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Before the Court is Respondent's motion for summary judgment, seeking dismissal without prejudice based Petitioner's failure to exhaust his state remedies as to one of his claims, and the Report and Recommendation of United States Magistrate Judge R. Steven Whalen. The Magistrate Judge recommends that Respondent's motion be denied and Respondent be directed to respond to the merits of the petition.

Having conducted a de novo review of the Report and Recommendation, Respondent's motion, Petitioner's response, and the applicable portions of the record, IT IS HEREBY ORDERED that the Report and Recommendation [docket entry 29] is ACCEPTED and ADOPTED as the opinion of this Court, Respondent's motion for summary judgment [docket entry 7] is DENIED, and Respondent is directed to file a RESPONSE to the merits of the petition within TWENTY-ONE (21) DAYS of service of this order.

SO ORDERED.