Findley v. Minnesota, State of et al

Filing 13

ORDER denying as moot 7 Motion to Dismiss; adopting Report and Recommendations re 12 Report and Recommendation. Petitioner's Petition for a Writ of Habeas Corpus is DENIED and this action is DISMISSED WITH PREJUDICE. (Written Opinion). Signed by Judge Ann D. Montgomery on 8/25/2010. (GS)

Findley v. Minnesota, State of et al

Doc. 13

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Aaron Findley, Petitioner, v. State of Minnesota and Jessica Symmes, Respondents ________________________________________________ Based upon the Findings of Fact, Conclusions of Law, and Recommendation by United States Magistrate Judge Franklin L. Noel dated August 4, 2010, all the files and records, and no objections having been filed to said Report and Recommendation, IT IS HEREBY ORDERED that: 1) Petitioner's Petition for a Writ of Habeas Corpus [#1] is DENIED and that this action is DISMISSED WITH PREJUDICE; 2) Respondents' Motion to Dismiss [#7] is DENIED as moot. LET JUDGMENT BE ENTERED ACCORDINGLY. IT IS FURTHER ORDERED that, pursuant to 28 U.S.C. § 2253(c), a Certificate of Appealability will not be issued because Petitioner has failed to make a substantial showing of the denial of any constitutional right. ORDER Civil 10-186 ADM/FLN

DATED: August 25, 2010. at Minneapolis, Minnesota

s/Ann D. Montgomery JUDGE ANN D. MONTGOMERY United States District Court

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