Jackson v. Symmes et al

Filing 16

ORDER adopting Report and Recommendation 9 . IT IS HEREBY ORDERED THAT: 1. Petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 1 is DENIED. 2. No certificate of appealability will issue. LET JUDGMENT BE ENTERED ACCORDINGLY.(Written Opinion). Signed by Judge Patrick J. Schiltz on January 10, 2013. (clg)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
CORNELIUS H. JACKSON,

Case No. 11-CV-0039 (PJS/JSM)

Petitioner,
ORDER
v.
JESSICA SYMMES, Warden,
Respondent.
Beau D. McGraw, MCGRAW LAW FIRM, PA, for petitioner.
Lee W. Barry, III, HENNEPIN COUNTY ATTORNEY’S OFFICE, for
respondent.
This matter is before the Court on petitioner Cornelius Jackson’s objection to the
October 26, 2012 Report and Recommendation (“R&R”) of Magistrate Judge Janie S. Mayeron.
Judge Mayeron recommends that Jackson’s 28 U.S.C. § 2254 habeas petition be denied and that
no certificate of appealability issue. The Court has conducted a de novo review. See 28 U.S.C.
§ 636(b)(1); Fed. R. Civ. P. 72(b). Based on that review, the Court agrees with Judge Mayeron’s
very careful and thorough analysis and adopts the R&R.
ORDER
Based on the foregoing, and on all of the files, records, and proceedings herein, the Court
OVERRULES petitioner’s objection [ECF No. 15] and ADOPTS the October 26, 2012 R&R
[Docket No. 9]. IT IS HEREBY ORDERED THAT:
1.

Petitioner’s petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254
[Docket No. 1] is DENIED.

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2.

No certificate of appealability will issue.

LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: January 10, 2013

s/Patrick J. Schiltz
Patrick J. Schiltz
United States District Judge

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