Onumonu v. Bouchard

Full title: NOSAKHARE ONUMONU, Petitioner, v. BARBARA BOUCHARD, Respondent

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

Date published: Feb 23, 2006

Case No. 2:03-cv-236 (W.D. Mich. Feb. 23, 2006)

Opinion

Case No. 2:03-cv-236.

February 23, 2006

OPINION AND ORDER APPROVING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

GORDON QUIST, District Judge

The Court has reviewed the Report and Recommendation filed by the United States Magistrate Judge in this action. The Report and Recommendation was duly served on the parties. The Court has received objections from the petitioner. In accordance with 28 U.S.C. § 636(b)(1), the Court has performed de novo consideration of those portions of the Report and Recommendation to which objection has been made.

Petitioner has asserted that the trial court made errors in sentencing after his plea to prison escape and armed robbery charges. The asserted errors are matters of state law that are not cognizable in a habeas proceeding. There has been no showing of a fundamental miscarriage of justice. Bagby v. Sowders, 894 F.2d 792 (6th Cir. 1990).

THEREFORE, IT IS ORDERED that the Report and Recommendation of the Magistrate Judge is approved and adopted as the opinion of the court.