Planes v. Berghuis, No. 2:2007cv14000 - Document 28 (E.D. Mich. 2010)

Court Description: OPINION and ORDER Adopting 22 REPORT AND RECOMMENDATION re 1 Petition for Writ of Habeas Corpus filed by Felipe Planes,Rejecting 26 Objection to Report and Recommendation, Denying 7 Petition for Writ of Habeas Corpus and Denying a Certificate of Appealability. Signed by District Judge Paul D Borman. (DTof)

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Planes v. Berghuis Doc. 28 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION FELIPE PLANES, Petitioner, Case No. 07-cv-14000 Paul D. Borman United States District Judge v. Paul J. Komives United States Magistrate Judge MARY K. BERGHUIS, Respondent. ________________________/ OPINION AND ORDER (1) ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION (DKT.22); (2) REJECTING PETITIONER’S OBJECTIONS TO THE REPORT AND RECOMMENDATION (DKT. NO. 26); (3) DENYING PETITIONER’S AMENDED PETITION FOR HABEAS CORPUS (DKT. NO. 7); AND (4) DENYING A CERTIFICATE OF APPEALABILITY This matter is before the Court on Petitioner’s Objections (Dkt. No. 26) to the Magistrate Judge’s June 30, 2010 Report and Recommendation (Dkt. No. 22). Having conducted a de novo review of the Report and Recommendation, pursuant to 28 U.S.C. § 636(b)(1) and Fed. R. Civ. P. 72(b)(3), and having carefully considered the entire record, the Court is convinced that the Magistrate Judge is correct in his analysis of the facts and the law in this case. Accordingly, the Court: (1) ADOPTS the Report and Recommendation (Dkt. No. 22); (2) REJECTS Petitioner’s Objections to the Report and Recommendation (Dkt. No. 26); 1 Dockets.Justia.com (3) DENIES Petitioner’s Amended Petition for Habeas Corpus (Dkt. No. 7); and (4) DENIES a certificate of appealability for the reasons stated in the Report and Recommendation. IT IS SO ORDERED. S/Paul D. Borman PAUL D. BORMAN UNITED STATES DISTRICT JUDGE Dated: October 5, 2010 CERTIFICATE OF SERVICE Copies of this Order were served on the attorneys of record by electronic means or U.S. Mail on October 5, 2010. S/Denise Goodine Case Manager 2

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