Leake v. Symmes

Filing 28

ORDER ADOPTING 26 REPORT AND RECOMMENDATION: 1. Petitioner's application for habeas corpus relief under 28 U.S.C. section 2254, [Docket No. 1], is DENIED; 2. This action is DISMISSED WITH PREJUDICE; and 3. Petitioner will NOT receive a Certificate of Appealability (Written Opinion). Signed by Judge Susan Richard Nelson on 1/4/12. (LPH)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Civil No. 10-2101 (SRN/SER)

PIERRE LaMONT LEAKE,
Petitioner,

ORDER

v.
JESSICA SYMMES,
Respondent.

Pierre LaMont Leake, pro se, Minnesota Correctional Facility - Oak Park Heights, 5329
Osgood Avenue North, Stillwater, Minnesota, 55082.
Linda Kay Jenny, Esq., Assistant Hennepin County Attorney, C-2000 Government
Center, 300 South Sixth Street, Minneapolis, Minnesota, 55487, for Respondent.

This matter is before the Court on the Report and Recommendation of United States
Magistrate Judge Steven E. Rau. On December 22, 2011, Petitioner filed a document entitled
“Notice of Appeal from a Judgement (sic) and/or Order of the District Court Pursuant to 28
U.S.C. Sec. 2253 and Fed. R. App. P. 4(a)” [Docket No. 27]. In this document, the Petitioner
states that he is appealing to the Eighth Circuit from the final judgment. However, no such final
judgment has been entered.

Therefore, given that Petitioner’s filing clearly states that its

intended purpose is to appeal to the Eighth Circuit, along with the fact that no objections to the
Report and Recommendation are identified within the document, IT IS HEREBY ORDERED
that:
1. Petitioner=s application for habeas corpus relief under 28 U.S.C. ' 2254, [Docket No.
1], is DENIED;
2. This action is DISMISSED WITH PREJUDICE; and

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3. Petitioner will NOT receive a Certificate of Appealability.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: January 4, 2012
s/Susan Richard Nelson
SUSAN RICHARD NELSON
United States District Judge

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