Lewis v. Sherry

Full title: MICHAEL A. LEWIS Petitioner, v. JERI-ANN SHERRY Respondent

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

Date published: Jul 25, 2006

Case No. 2:04-cv-146 (W.D. Mich. Jul. 25, 2006)

Opinion

Case No. 2:04-cv-146.

July 25, 2006

MEMORANDUM AND ORDER

ALLAN EDGAR, District Judge

Petitioner Michael A. Lewis ("Lewis") 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 June 15, 2006, the Magistrate Judge submitted his report and recommendation that the habeas petition be denied and dismissed with prejudice. [Doc. No. 25]. Lewis 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), Fed.R.Civ.P. 72(b), 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 Lewis from this decision would be frivolous. Lewis 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 is DENIED to Lewis under 28 U.S.C. § 2253(c).

SO ORDERED.