Herbert v. Jones

OPINION AND ORDER GRANTING RESPONDENT’S MOTION FOR SUMMARY JUDGMENT AND DISMISSAL OF PETITION FOR WRIT OF HABEAS CORPUS

GADOLA, District Judge.

Petitioner David Herbert, who is currently incarcerated at the Boyer Road Correctional Facility in Carson City, Michigan, has filed a pro se petition for a writ of habeas corpus under 28 U.S.C. § 2254. Before the Court is Respondent’s Motion for Summary Judgment and Dismissal of Petition for Writ of Habeas Corpus. For the reasons set forth below, the Court will grant the motion and dismiss the petition for a writ of habeas corpus.

I. BACKGROUND

Following…