Opinion
Case No. 12-cv-10289-DT
12-19-2012
ROBERT ANTHONY STONE, Petitioner, v. JOHN PRESLESNIK, Respondent.
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
This matter is before the court on Petitioner Robert Stone's Petition for Writ of Habeas Corpus [ Dkt #1] and Motion to hold his Petition in Abeyance. [Dkt #4]. The case was referred to United States Magistrate Judge Paul J. Komives pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72.1(b)(2).
The magistrate judge issued his report on November 20, 2012, recommending that this court deny Petitioner's Petition for Writ of Habeas Corpus, Deny a Certificate of Appealability and deny the Motion to hold his Petition in Abeyance. No objections have been filed pursuant to 28 U.S.C. § 636(b)(1)(C), thus further appeal rights are waived. In addition, the failure to object to the magistrate judge's report releases the court from its duty to review independently the motion. Thomas v. Arn, 474 U.S. 140, 149 (1985). Therefore,
IT IS ORDERED that, for the reasons set forth in the Magistrate Judge's Report and Recommendation, the Petitioner's Application for Writ of Habeas Corpus [Dkt#1] is DENIED and the Petitioner's Motion to hold the petition in abeyance and a Certificate of Appealability are DENIED.
______________________
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
I hereby certify that a copy of the foregoing document was mailed to counsel of record on this date, December 19, 2012, by electronic and/or ordinary mail.
Lisa Wagner
Case Manager and Deputy Clerk
(313) 234-5522