Farnsworth v. King

Filing 36

ORDER ADOPTING 27 REPORT AND RECOMMENDATION, OVERRULING 30 Objection; DENYING 1 Petition for Writ of Habeas Corpus; and DISMISSING WITH PREJUDICE this action; the Court DECLINING to issue a Certificate of Appealability. (Written Opinion). Signed by Judge Richard H. Kyle on 06/14/10. (kll)

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Justin Paul Farnsworth, Petitioner, v. John F. King, Warden, Respondent.

Civil No. 09-333 (RHK/JJK) CORRECTED ORDER

Before the Court is Petitioner's Objection to the March 2, 2010 Report and Recommendation of Magistrate Judge Jeffrey J. Keyes; Judge Keyes has recommended that the Petitioner's application for habeas corpus relief under 28 U.S.C. § 2254 should be denied and the pending action be dismissed with prejudice. Based upon the undersigned's de novo review of the Report and Recommendation and the Objections thereto, and upon all the files, records and proceedings herein, IT IS ORDERED: 1. Petitioner's Objection (Doc. No. 30) is OVERRULED; 2. The Report and Recommendation (Doc. No. 27) is ADOPTED; 3. Petitioner's Application for Habeas Corpus Relief under 28 U.S.C. § 2254 (Doc. No. 1) is DENIED; and

4. This action is DISMISSED WITH PREJUDICE. 1 LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: June 14, 2010 s/Richard H. Kyle RICHARD H. KYLE United States District Judge

1

The Court declines to issue a Certificate of Appealability.
2