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Cole v. Halverson, 19cv859 (DSD/LIB). (2019)

Court: District Court, D. Minnesota Number: infdco20190607f80 Visitors: 3
Filed: Jun. 06, 2019
Latest Update: Jun. 06, 2019
Summary: ORDER DAVID S. DOTY , District Judge . This matter is before the court upon the report and recommendation of Magistrate Judge Leo I. Brisbois, dated May 16, 2019 (R&R). The magistrate judge recommended that the court dismiss pro se petitioner Derrell Jacori Cole's petition for a writ of habeas corpus under 28 U.S.C. 2254 as untimely. No objections to the R&R have been filed within the time period permitted. See D. Minn. LR 72.2(b)(1). Under these circumstances, the court finds it approp
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ORDER

This matter is before the court upon the report and recommendation of Magistrate Judge Leo I. Brisbois, dated May 16, 2019 (R&R). The magistrate judge recommended that the court dismiss pro se petitioner Derrell Jacori Cole's petition for a writ of habeas corpus under 28 U.S.C. § 2254 as untimely. No objections to the R&R have been filed within the time period permitted. See D. Minn. LR 72.2(b)(1). Under these circumstances, the court finds it appropriate to adopt the R&R.

Accordingly, IT IS HEREBY ORDERED that:

1. The R&R [ECF No. 6] is adopted in its entirety;

2. The petition for a writ of habeas corpus under 28 U.S.C. § 2254 is dismissed as untimely [ECF No. 1], and this matter is dismissed with prejudice; and

3. No certificate of appealability is issued.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Source:  Leagle

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