PETERKA v. PRINGLE, 3:15-cv-79. (2016)
Court: District Court, D. North Dakota
Number: infdco20160223b39
Visitors: 13
Filed: Feb. 22, 2016
Latest Update: Feb. 22, 2016
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION RALPH R. ERICKSON , Chief District Judge . Pursuant to 28 U.S.C. 636, the court has received a Report and Recommendation from the Honorable Alice R. Senechal, United States Magistrate Judge. 1 The Report and Recommendation recommends that Respondent Chad Pringle's motion to dismiss be granted and Petitioner Shane Peterka's habeas petition dismissed with prejudice. No objections have been filed within the prescribed time period. After reviewing th
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION RALPH R. ERICKSON , Chief District Judge . Pursuant to 28 U.S.C. 636, the court has received a Report and Recommendation from the Honorable Alice R. Senechal, United States Magistrate Judge. 1 The Report and Recommendation recommends that Respondent Chad Pringle's motion to dismiss be granted and Petitioner Shane Peterka's habeas petition dismissed with prejudice. No objections have been filed within the prescribed time period. After reviewing the..
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ORDER ADOPTING REPORT AND RECOMMENDATION
RALPH R. ERICKSON, Chief District Judge.
Pursuant to 28 U.S.C. § 636, the court has received a Report and Recommendation from the Honorable Alice R. Senechal, United States Magistrate Judge.1 The Report and Recommendation recommends that Respondent Chad Pringle's motion to dismiss be granted and Petitioner Shane Peterka's habeas petition dismissed with prejudice. No objections have been filed within the prescribed time period.
After reviewing the record and the magistrate judge's Report and Recommendation, the court finds the magistrate judge's analysis of the motion and recommendation for disposition is appropriate. Accordingly, the court hereby adopts the Report and Recommendation in its entirety. Because Peterka has not demonstrated he is entitled to relief on any of his claims, the respondent's motion to dismiss2 is GRANTED. Peterka's habeas petition is DISMISSED with prejudice.
Because dismissal of the petition is not debatable, reasonably subject to a different outcome on appeal, or otherwise deserving of further proceedings, this court will not issue a certificate of appealability. Further, any appeal taken would be frivolous and not in good faith and thus may not be taken in forma pauperis.
IT IS SO ORDERED.
FootNotes
1. Doc. #14.
2. Doc. #7.
Source: Leagle
