Wayne v. Minnesota, State of

Filing 5

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 3 Report and Recommendation. The Petition for Writ of Habeas Corpus 1 is Denied and the Application for Leave to Proceed IFP 2 is Denied as moot. This action is summarily dismissed without prejudice. Signed by Chief Judge Michael J. Davis on 4/6/09. (kmw)

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA ****************** Michael Wayne, Petitioner, vs. State of Minnesota, Respondent. Civ. No. 09-652 (MJD/RLE) ORDER ADOPTING REPORT AND RECOMMENDATION ****************** Based upon the Report and Recommendation of United States Magistrate Judge Raymond L. Erickson, and after an independent review of the files, records and proceedings in the above-titled matter, IT IS ORDERED: 1. 2. That the Petition for a Writ of Habeas Corpus [Docket No. 1] is denied. That the Petitioner's Application for leave to proceed in forma pauperis [Docket No. 2] is denied, as moot. 3. jurisdiction. DATED: April 6, 2009 At Minneapolis, Minnesota s/Michael J. Davis Michael J. Davis, Chief Judge United States District Court That this action is summarily dismissed, without prejudice, for want of subject matter

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