Johnson v. Minnesota, State of et al

Filing 6

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 3 Report and Recommendation, 2 Application to Proceed in forma pauperis filed by Frank Edward Johnson. 1. Petitioner Frank Edward Johnson's objections (Doc. No. 4 ) to Magistrate Judge Jeanne J . Graham's Report and Recommendation dated February 4, 2010, are DENIED. 2. Magistrate Judge Jeanne J. Graham's Report and Recommendation dated February 4, 2010 (Doc. No. 3 ), is ADOPTED. 3. Petitioner's application for a writ of habe as corpus pursuant to 28 U.S.C. § 2254, (Doc. No. 1 ), is DENIED. 4. Petitioner's application for leave to proceed in forma pauperis, (Doc. No. 2]), is DENIED. 5. This action is summarily DISMISSED WITHOUT PREJUDICE for lack of jurisdiction. (Written Opinion). Signed by Judge Donovan W. Frank on 4/30/2010. (BJS)

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Frank Edward Johnson, Petitioner, v. State of Minnesota and Minnesota Department of Corrections, Respondents. Frank Edward Johnson, Pro Se, Petitioner. Matthew Frank, Assistant Attorney General, Minnesota Attorney General Office, counsel for Respondents. This matter is before the Court upon Petitioner Frank Edward Johnson's ("Petitioner") objections to Magistrate Judge Jeanne J. Graham's Report and Recommendation dated February 4, 2010, recommending that: (1) Petitioner's application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 be denied; (2) Petitioner's application for leave to proceed in forma pauperis be denied; and (3) this action be summarily dismissed without prejudice for lack of jurisdiction. Respondents filed a letter on March 2, 2010 (Doc. No. 5) stating that they concurred with the Report and Recommendation and would not be filing a response to Petitioner's objections. The Court has conducted a de novo review of the record, including a review of the arguments and submissions of counsel, pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 72.2(b). The factual background for the above-entitled matter is clearly and ORDER ADOPTING REPORT AND RECOMMENDATION Civil No. 10-269 (DWF/JJG)

precisely set forth in the Report and Recommendation and is incorporated by reference for purposes of Petitioner's objections. Based upon the de novo review of the record and all of the arguments and submissions of the parties and the Court being otherwise duly advised in the premises, the Court hereby enters the following: ORDER 1. Petitioner Frank Edward Johnson's objections (Doc. No. [4]) to Magistrate

Judge Jeanne J. Graham's Report and Recommendation dated February 4, 2010, are DENIED. 2. Magistrate Judge Jeanne J. Graham's Report and Recommendation dated

February 4, 2010 (Doc. No. [3]), is ADOPTED. 3. Petitioner's application for a writ of habeas corpus pursuant to 28 U.S.C.

§ 2254, (Doc. No. [1]), is DENIED. 4. Petitioner's application for leave to proceed in forma pauperis, (Doc.

No. [2]), is DENIED. 5. This action is summarily DISMISSED WITHOUT PREJUDICE for lack

of jurisdiction. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: April 30, 2010 s/Donovan W. Frank DONOVAN W. FRANK United States District Judge

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