Tucker v. Palmer

Full title: RAYMOND TUCKER, Petitioner, v. CARMEN PALMER, Respondent

Court: United States District Court, E.D. Michigan, Southern Division

Date published: Mar 22, 2007

CASE NO. 06-10250 (E.D. Mich. Mar. 22, 2007)

Opinion

CASE NO. 06-10250.

March 22, 2007

OPINION AND ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

LAWRENCE ZATKOFF, District Judge

Petitioner filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254, and a Motion for an Evidentiary Hearing on January 19, 2006. Respondent filed a response brief on July 27, 2006. This matter is currently before the Court on Magistrate Judge Komives Report and Recommendation of December 15, 2006, in which the Magistrate Judge recommends that the Petition should be granted. Respondent filed an objection to the Report and Recommendation and Petitioner has responded to this objection.

The Court has undertaken a thorough review of the court file, the Report and Recommendation, and the objection to the Magistrate Judge's Report and Recommendation filed by Respondent. As a result of that review, the this Court ADOPTS the Report and Recommendation and enters it as the findings and conclusions of this Court.

Therefore, IT IS HEREBY ORDERED that Petitioner's Petition for Writ of Habeas Corpus is GRANTED and that he be released from custody forthwith.

IT IS SO ORDERED.