Stewart v. Zych et al, No. 2:2010cv12239 - Document 22 (E.D. Mich. 2010)
Court Description: OPINION and ORDER Adopting Report and Recommendation denying 1 Application for Writ of Habeas Corpus, denying 8 Motion to Intervene filed by Woodie Smith, denying 18 Motion for TRO filed by Jimmy Joiner, denying 15 Motion to Intervene filed by Jeron Whitehead, 19 Report and Recommendation, 14 Motion to Intervene filed by Bryan Killian, denying 7 Motion to Intervene Signed by District Judge Lawrence P Zatkoff. (PPau)
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Stewart v. Zych et al Doc. 22 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION WILL STEWART, Petitioner, v. Case No. 10-12239 Hon. Lawrence P. Zatkoff C. ZYCH, Respondent. / OPINION AND ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION This matter is before the Court on Magistrate Judge Komives’s Report and Recommendation [dkt 19], in which the Magistrate Judge recommends that the Court deny (1) Petitioner’s application for writ of habeas corpus [dkt 1], (2) Jimmy Joiner’s motion for emergency restraining order [dkt 18], (3) the motions of Jimmy Joiner, Woodie Smith, Bryan Killian, and Jeron Whitehead to intervene [dkts 7, 8, 14, 15], and (4) a certificate of appealability. The Court has not received timely objections to the Magistrate Judge’s Report and Recommendation. 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 application for writ of habeas corpus [dkt 1] is DENIED. IT IS FURTHER ORDERED that Jimmy Joiner’s motion for emergency restraining order [dkt 18] is DENIED. IT IS FURTHER ORDERED that the motions to intervene [dkts 7, 8, 14, 15] are DENIED. Dockets.Justia.com IT IS FURTHER ORDERED that a certificate of appealability is DENIED. IT IS SO ORDERED. s/Lawrence P. Zatkoff LAWRENCE P. ZATKOFF UNITED STATES DISTRICT JUDGE Dated: December 22, 2010 CERTIFICATE OF SERVICE The undersigned certifies that a copy of this Order was served upon the attorneys of record by electronic or U.S. mail on December 22, 2010. s/Marie E. Verlinde Case Manager (810) 984-3290 2
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