District Court, W.D. Michigan, 2021

Robinson 436677 v. Brown

Robinson 436677 v. Brown
District Court, W.D. Michigan · Decided November 24, 2021
Robinson 436677 v. Brown

Trial Court Opinion

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

TRON ROBINSON,

Petitioner,

Case No. 1:20-cv-878 v.

Hon. Hala Y. Jarbou

MIKE BROWN,

Respondent. ____________________________/

ORDER

This is a habeas corpus petition filed pursuant to 28 U.S.C. § 2254. The matter was referred to the Magistrate Judge, who issued a Report and Recommendation (R&R) on October 25, 2021, recommending that this Court equitably toll the period of limitation for July 31, 2020, to September 4, 2020, and deny the habeas petition as meritless (ECF No. 13). The R&R was duly served on the parties. No objections have been filed, see 28 U.S.C. § 636(b)(1), and the deadline for doing so expired on November 8, 2021. On review, the Court concludes that the R&R correctly analyzes the issues and makes a sound recommendation.

Accordingly,

IT IS ORDERED that the R&R (ECF No. 13) is APPROVED and ADOPTED as the Opinion of the Court and the petition for habeas corpus relief (ECF No. 1) is DENIED for the reasons stated in the R&R.

IT IS FURTHER ORDERED that a certificate of appealability pursuant to 28 U.S.C. § 2253(c) is DENIED as to each issue asserted. Petitioner has not demonstrated that reasonable jurists would find the Court’s rulings debatable or wrong. Slack v. McDaniel, 529 U.S. 473 (2000); Murphy v. Ohio, 263 F.3d 466, 466-67 (6th Cir. 2001). The Court declines to certify that any issue Petitioner might raise on appeal would be frivolous. Coppedge v. United States, 369 U.S. 438, 445 (1962).

Dated: November 24, 2021 /s/ Hala Y. Jarbou

HALA Y. JARBOU

UNITED STATES DISTRICT JUDGE

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