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Byrd v. Warden

November 27, 2006

DEWAYNE BYRD, PLAINTIFF,
v.
WARDEN, WARREN CORRECTIONAL INSTITUTION, DEFENDANT.



The opinion of the court was delivered by: Judge Michael R. Barrett

ORDER

This matter is before the Court on the Magistrate Judge's Report and Recommendation filed October 31, 2006 (Doc. 11).

Proper notice has been given to the parties under 28 U.S.C. § 636(b)(1)(C), including notice that the parties would waive further appeal if they failed to file objections to the Report and Recommendation in a timely manner. See United States v. Walters, 638 F.2d 947 (6th Cir. 1981). No objections to the Magistrate Judge's Report and Recommendation have been filed.

Having reviewed this matter de novo pursuant to 28 U.S.C. § 636, the Court finds the Magistrate Judge's Report and Recommendation to be correct.

Accordingly, it is ORDERED that the Report and Recommendation of the Magistrate Judge is hereby ADOPTED in its entirety. Plaintiff's writ of habeas corpus pursuant to 28 U.S.C. § 2254 (Doc. 1) is DENIED. A certificate of appeal should not issue with regard to this matter and an appeal to proceed in forma pauperis would be denied until a showing of financial necessity by Plaintiff. This action is closed.

IT IS SO ORDERED.

Michael R. Barrett, Judge United States District Court

20061127

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