Dudley v. Symmes

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 4 Report and Recommendation, Denying as Moot 6 Motion to Appoint Counsel filed by Terrance Alfonso Dudley; Denying 2 Motion for Leave to Proceed in forma pauperis filed by Terrance Alfonso Dudley (Written Opinion). Signed by Senior Judge David S. Doty on 10/23/2009. (PJM)

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Civil No. 09-2490(DSD/JJG) Terrance Alfonso Dudley, Petitioner, v. Warden Jessica Symmes, Respondent. ORDER

This matter is before the court upon petitioner Terrance Alfonso Dudley's pro se objection to the September 21, 2009, report and recommendation of Magistrate Judge Jeanne J. Graham. In her

report, the magistrate judge recommends that petitioner's 28 U.S.C. § 2254 petition for a writ of habeas corpus be denied and dismissed without prejudice because petitioner has not exhausted all state court remedies for his claims. The court reviews the report and recommendation of the

magistrate judge de novo.

28 U.S.C. § 636(b)(1)(C); Fed. R. Civ. After a de novo review, the

P. 72(b)(3); D. Minn. LR 72.2(b).

court finds that the report and recommendation of the magistrate judge is well reasoned and correctly disposes of the petition. Therefore, the court adopts the report and recommendation [Doc. No. 4] in its entirety. Accordingly, IT IS HEREBY ORDERED that: 1. Petitioner's objection [Doc. No. 5] to the magistrate

judge's report and recommendation [Doc. No. 4] is overruled;

2.

Petitioner's motion to appoint counsel [Doc No. 6] is

dismissed as moot; 3. 4. This action is dismissed without prejudice; and Pursuant to 28 U.S.C. § 2253(c)(1)(A), the court denies

a certificate of appealability in this case. Dated: October 23, 2009 s/David S. Doty David S. Doty, Judge United States District Court

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