Carlson v. Roy, 17-2144(JNE/KMM). (2018)
Court: District Court, D. Minnesota
Number: infdco20180403b59
Visitors: 8
Filed: Mar. 28, 2018
Latest Update: Mar. 28, 2018
Summary: ORDER JOAN N. ERICKSEN , District Judge . Petitioner filed a petition under 28 U.S.C. 2254 (2012). Respondent moved to dismiss the petition. In a Report and Recommendation ("R&R") dated January 16, 2018, the Honorable Katherine Menendez, United States Magistrate Judge, recommended that Petitioner's 2254 petition be dismissed with prejudice as time-barred and that a certificate of appealability be denied. Petitioner filed objections and Respondent filed a response. Based on a de novo rev
Summary: ORDER JOAN N. ERICKSEN , District Judge . Petitioner filed a petition under 28 U.S.C. 2254 (2012). Respondent moved to dismiss the petition. In a Report and Recommendation ("R&R") dated January 16, 2018, the Honorable Katherine Menendez, United States Magistrate Judge, recommended that Petitioner's 2254 petition be dismissed with prejudice as time-barred and that a certificate of appealability be denied. Petitioner filed objections and Respondent filed a response. Based on a de novo revi..
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ORDER
JOAN N. ERICKSEN, District Judge.
Petitioner filed a petition under 28 U.S.C. § 2254 (2012). Respondent moved to dismiss the petition. In a Report and Recommendation ("R&R") dated January 16, 2018, the Honorable Katherine Menendez, United States Magistrate Judge, recommended that Petitioner's § 2254 petition be dismissed with prejudice as time-barred and that a certificate of appealability be denied. Petitioner filed objections and Respondent filed a response. Based on a de novo review of those portions of the R&R to which Petitioner objected, the Court accepts the conclusions of the R&R. See Fed. R. Civ. P. 72(b)(3); D. Minn. LR 72.2. Therefore, IT IS ORDERED THAT:
1. Respondent's motion to dismiss [ECF No. 10] is GRANTED.
2. This action [ECF No.1] is DISMISSED WITH PREJUDICE.
3. A certificate of appealability is DENIED.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Source: Leagle
