Garcia v. State of Minnesota

Filing 5

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 4 Report and Recommendation, denying 2 Motion for Leave to Proceed in forma pauperis filed by Sergio Garcia. This action is DISMISSED WITH PREJUDICE. LET JUDGMENT BE ENTERED ACCORDINGLY(Written Opinion). Signed by Judge Donovan W. Frank on 2/18/09. (GMO)

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Sergio Garcia, Petitioner, v. Wright County, Respondent. ORDER Civil No. 08-6080 (DWF/SRN)

Sergio Garcia, Pro Se, Petitioner. Peter R. Marker, Assistant Attorney General, Minnesota Attorney General's Office, counsel for Respondent.

The above-entitled matter comes before the Court upon the Report and Recommendation of United States Magistrate Judge Susan Richard Nelson dated January 27, 2009. No objections have been filed to that Report and Recommendation in the time period permitted. Based on the Report and Recommendation of the Magistrate Judge, and all of the files, records and proceedings herein, IT IS HEREBY ORDERED that: 1. DENIED. Petitioner's application for a writ of habeas corpus, (Doc. No. 1), is

2.

Petitioner's application for leave to proceed in forma pauperis, (Doc.

No. 2), is DENIED. 3. This action is DISMISSED WITH PREJUDICE.

LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: February 18, 2009 s/Donovan W. Frank DONOVAN W. FRANK Judge of United States District Court

2