Whorton v. Klee

Full title: RODRIGUEZ WHORTON Petitioner, v. PAUL KLEE, Respondent.

Court: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

Date published: Sep 20, 2013

Case No. 10-13902 (E.D. Mich. Sep. 20, 2013)

Opinion

Case No. 10-13902

2013-09-20

RODRIGUEZ WHORTON Petitioner, v. PAUL KLEE, Respondent.

Lawrence P. Zatkoff

Hon. Lawrence P. Zatkoff

OPINION AND ORDER ADOPTING

MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

This matter comes before the Court on the Magistrate Judge's Report and Recommendation [dkt 29], in which the Magistrate Judge recommends that the Court (1) grant Petitioner's motion for extension of time to file objections, (2) grant Petitioner's motion to alter or amend judgment, and (3) upon reconsideration, deny Petitioner's application for the writ of habeas corpus and certificate of appealability. No objections were filed to the Magistrate's Report and Recommendation, and the time period in which to do so has elapsed. See Fed. R. Civ. P 72(b)(2).

The Court has thoroughly reviewed the court file and the Report and Recommendation. As a result of that review, the Court ADOPTS the Report and Recommendation and enters it as the findings and conclusions of this Court.

Accordingly, IT IS HEREBY ORDERED that Petitioner's motion for extension of time to file objections [dkt 25] is GRANTED; Petitioner's motion to alter or amend judgment [dkt 27] is GRANTED; and Petitioner's application for the writ of habeas corpus and certificate of appealability [dkt 1] is DENIED, and this cause of action is DISMISSED WITH PREJUDICE.

IT IS SO ORDERED.

______________________

Hon. Lawrence P. Zatkoff

U.S. District Judge