Florek v. Dooley, CIV 15-4117. (2016)
Court: District Court, D. South Dakota
Number: infdco20160406d26
Visitors: 8
Filed: Apr. 05, 2016
Latest Update: Apr. 05, 2016
Summary: ORDER LAWRENCE L. PIERSOL , District Judge . Petitioner Jesse Lyle Florek, an inmate at the Yankton Trustee Unit, has applied for a writ of habeas corpus pursuant to 28 U.S.C. 2254. Magistrate Judge Duffy issued a Report and Recommendation recommending that the Petition be dismissed with prejudice. After conducting an independent review of the record, including Petitioner's Objections, Doc. 13, the Court agrees with the Magistrate Judge. The Court notes that this case does not implicate F
Summary: ORDER LAWRENCE L. PIERSOL , District Judge . Petitioner Jesse Lyle Florek, an inmate at the Yankton Trustee Unit, has applied for a writ of habeas corpus pursuant to 28 U.S.C. 2254. Magistrate Judge Duffy issued a Report and Recommendation recommending that the Petition be dismissed with prejudice. After conducting an independent review of the record, including Petitioner's Objections, Doc. 13, the Court agrees with the Magistrate Judge. The Court notes that this case does not implicate Fi..
More
ORDER
LAWRENCE L. PIERSOL, District Judge.
Petitioner Jesse Lyle Florek, an inmate at the Yankton Trustee Unit, has applied for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Magistrate Judge Duffy issued a Report and Recommendation recommending that the Petition be dismissed with prejudice. After conducting an independent review of the record, including Petitioner's Objections, Doc. 13, the Court agrees with the Magistrate Judge. The Court notes that this case does not implicate First Amendment interests, so the vagueness challenge is evaluated based only on the facts of this case. On an as-applied basis, SDCL § 26-10-1 is not federally constitutionally vague. There may be some factual situations which arise where the statute is vulnerable to a vagueness challenge, but not under the present facts. Accordingly,
IT IS ORDERED:
1. That Petitioner's Objections, Doc. 13, are DENIED, and the Magistrate Judge's Report and Recommendation, Doc. 12, is ADOPTED by the Court.
2. That Respondents' Motion to Dismiss, Doc. 11, is GRANTED.
3. That Petitioner's Application for Writ of Habeas Corpus, Doc. 1, is DENIED with prejudice.
Source: Leagle
