Opinion
Case No. 10-CV-14114
03-06-2013
RICARDO TOLSON, Petitioner, v. CINDI S. CURTIN, Respondent.
HON. GEORGE CARAM STEEH
ORDER DENYING PETITIONER'S MOTION (#14) WITHOUT PREJUDICE
On October 13, 2010, petitioner filed this application for writ of habeas corpus. On April 27, 2011, respondent filed a response. On November 9, 2012, Magistrate Judge Komives issued a thirty-four page report and recommendation that petitioner's application for writ of habeas corpus be denied and that petitioner be denied a certificate of appealability. The objection deadline passed and no objections were filed. The court reviewed the report and recommendation and adopted it in its entirety. Judgment was entered for the respondent on December 4, 2012.
On December 13, 2012, the court received a document from petitioner indicating that he mailed objections to the report and recommendation on November 28, 2012. Petitioner asked that the judgment be vacated and that his objections be considered timely filed. The court has never received petitioner's objections. The objections are not attached as an exhibit to petitioner's December 13, 2012 filing. The court construes petitioner's filing as a motion to vacate judgment and DENIES it without prejudice. SO ORDERED.
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GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
March 6, 2013, by electronic and/or ordinary mail and upon
Ricardo Tolson, #271524, Oaks Correctional Facility, 1500
Caberfae Highway, Manistee, Michigan 49660-9200.