Nolan 424721 v. Braman

District Court, W.D. Michigan

Nolan 424721 v. Braman

Trial Court Opinion

FOR THE WESTERN DISTRICT OF MICHIGAN NORTHERN DIVISION

MARK NOLAN,

Petitioner,

v. Case No. 2:18-CV-113

MELINDA BRAMAN, HON. GORDON J. QUIST

Respondent. _____________________/

ORDER ADOPTING REPORT AND RECOMMENDATION

This is a habeas corpus petition brought by state prisoner Mark Nolan pursuant to

28 U.S.C. § 2254

. United States Magistrate Judge Maarten Vermaat issued a Report and Recommendation (R & R), recommending that the Court deny Nolan’s petition, deny a certificate of appealability, and not certify that an appeal would not be taken in good faith. (ECF No. 14.) No objection has been filed pursuant to

28 U.S.C. § 636

(b). Therefore, the Court will adopt the R & R.1 THEREFORE, IT IS HEREBY ORDERED that the Report and Recommendation (ECF No. 14) is approved and adopted as the Opinion of the Court, and Nolan’s habeas petition (ECF No. 1) is DENIED. IT IS FURTHER ORDERED that a certificate of appealability is DENIED. A separate judgment will enter. This case is concluded. Dated: August 5, 2021 /s/ Gordon J. Quist GORDON J. QUIST UNITED STATES DISTRICT JUDGE

1 The Report and Recommendation was returned to the Clerk on July 28, 2021, marked “Paroled; unable to forward.” (ECF No. 15.) Dismissal of Nolan’s habeas petition would also be proper pursuant to Fed. R. Civ. P. 41(b) for failure to provide the Court with information regarding his current address. See Von Ehl v. Saginaw Cty Jail, No. 18-11453,

2019 WL 2016546

, at *2 (E.D. Mich. Mar. 31, 2019).

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