Williams v. Fabian et al

Filing 17

ORDER GRANTING 8 and 9 Motions to Dismiss; DENYING 1 Petition for Writ of Habeas Corpus; ADOPTING 14 REPORT AND RECOMMENDATION. (Written Opinion). Signed by Judge Richard H. Kyle on 07/28/11. (kll)

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA ____________________________________________________________________________ Antoine Delaney Williams, Civil No. 10-3789 (RHK/SER) Petitioner, ORDER v. Joan Fabian, Commissioner of Corrections, John King, Respondents. ____________________________________________________________________________ The above-captioned case comes before the undersigned on the Report and Recommendation of United States Magistrate Judge Steven E. Rau. No objections to the Report and Recommendation were filed within the requisite time period. Accordingly, IT IS ORDERED: 1. The Report and Recommendation is ADOPTED; 2. Petitioner's application for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (Doc. No. 1) is DENIED; 3. Respondents’ Motions to Dismiss (Doc. Nos. 8 and 9) are GRANTED; 4. This action is DISMISSED WITH PREJUDICE; and 4. Petitioner is NOT granted a Certificate of Appealability. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: July 28, 2011 s/Richard H. Kyle RICHARD H. KYLE United States District Judge

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