Case No. 2:04-cv-166.
May 22, 2007
MEMORANDUM AND ORDER
Petitioner Marcus Hines ("Hines") has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The petition was referred to Magistrate Judge Timothy P. Greeley for a report and recommendation under 28 U.S.C. § 636(b)(1)(B) and W.D. Mich. L Civ R 72.1(d). On April 24, 2007, the Magistrate Judge submitted his report and recommendation that the habeas petition be denied and dismissed with prejudice. [Doc. No. 31]. Hines has not timely filed any objections to the report and recommendation.
After reviewing the record, the Court ACCEPTS and ADOPTS the report and recommendation pursuant to 28 U.S.C. § 636(b)(1), Fed.R.Civ.P. 72(b), and W.D. Mich. LCivR 72.3(b). The habeas petition shall be DENIED and DISMISSED WITH PREJUDICE. A separate judgment will enter.
Any appeal by Hines from this decision would be frivolous. Hines has not made a substantial showing of a denial of a constitutional right. For the reasons expressed by the Magistrate Judge in the report and recommendation, a certificate of appealability shall be DENIED to Hines under 28 U.S.C. § 2253(c).