Filed: Aug. 12, 2016
Latest Update: Aug. 12, 2016
Summary: ORDER EDWARD G. SMITH , District Judge . AND NOW, this 11th day of August, 2016, after considering the petition for a writ of habeas corpus and supporting memorandum of law filed by the pro se petitioner, James Milas (Doc. No. 1), the response to the petition filed by the respondents (Doc. No. 15), the state court record, the report and recommendation filed by United States Magistrate Judge Marilyn Heffley (Doc. No. 17), and the petitioner's objections to the report and recommendation (
Summary: ORDER EDWARD G. SMITH , District Judge . AND NOW, this 11th day of August, 2016, after considering the petition for a writ of habeas corpus and supporting memorandum of law filed by the pro se petitioner, James Milas (Doc. No. 1), the response to the petition filed by the respondents (Doc. No. 15), the state court record, the report and recommendation filed by United States Magistrate Judge Marilyn Heffley (Doc. No. 17), and the petitioner's objections to the report and recommendation (D..
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ORDER
EDWARD G. SMITH, District Judge.
AND NOW, this 11th day of August, 2016, after considering the petition for a writ of habeas corpus and supporting memorandum of law filed by the pro se petitioner, James Milas (Doc. No. 1), the response to the petition filed by the respondents (Doc. No. 15), the state court record, the report and recommendation filed by United States Magistrate Judge Marilyn Heffley (Doc. No. 17), and the petitioner's objections to the report and recommendation (Doc. No. 21); and after also considering the petitioner's motion for stay and abeyance (Doc. No. 2); and for the reasons set forth in the separately-filed memorandum opinion, it is hereby ordered as follows:
1. The clerk of court is DIRECTED to remove this action from civil suspense and return it to the court's active docket;
2. The petitioner's objections to the report and recommendations (Doc. No. 21) are OVERRULED;
3. The report and recommendation filed by Magistrate Judge Heffley (Doc. No. 17) is APPROVED and ADOPTED;
4. The petitioner's motion for stay and abeyance (Doc. No. 2) is DENIED;
5. The petitioner's request for appointment of counsel (Doc. No. 2) is DENIED;
6. The petition for a writ of habeas corpus is DENIED;
7. The court shall not issue a certificate of appealability; and
8. The clerk of court is DIRECTED to mark this matter as CLOSED.
