Hardison #217888 v. Sherry, No. 2:2005cv00170 - Document 36 (W.D. Mich. 2008)
Court Description: OPINION AND ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 32 ; signed by Judge Robert Holmes Bell (Judge Robert Holmes Bell, kcb)
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UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN NORTHERN DIVISION ANTHONY DEVERE HARDISON, Petitioner, v. Case No. 2:05-cv-170 HON. ROBERT HOLMES BELL BARRY DAVIS, Respondent. ___________________________________/ OPINION AND ORDER APPROVING MAGISTRATE JUDGE S REPORT AND RECOMMENDATION The Court has reviewed the Report and Recommendation filed by the United States Magistrate Judge in this action on May 7, 2008. The Report and Recommendation was duly served on the parties. The Court has received objections from petitioner. In accordance with 28 U.S.C. ยง 636(b)(1), the Court has performed de novo consideration of those portions of the Report and Recommendation to which objection has been made. The Court now finds the objections to be without merit. Petitioner procedurally defaulted the issues that he presents in his petition and has failed to show cause and prejudice for his procedural default. Moreover, petitioner has failed to show that his trial counsel and appellate counsel were ineffective. THEREFORE, IT IS ORDERED that the Report and Recommendation of the Magistrate Judge (Docket #32) is approved and adopted as the opinion of the Court. Dated: September 9, 2008 /s/ Robert Holmes Bell ROBERT HOLMES BELL UNITED STATES DISTRICT JUDGE
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