Gassler v. Minnesota Correctional Facility at Stillwater
Order Adopting the Report and Recommendation of Chief Magistrate Judge 2 . The Petition for Writ of Habeas Corpus 1 is Denied. The Court will not issue a Certificate of Appealability in this matter. This matter is Dismissed With Prejudice. LET JUDGMENT BE ENTERED ACCORDINGLY. (Written Opinion). Signed by Senior Judge Paul A. Magnuson on 06/23/2011. (LLM)
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Robert D. Gassler,
Civil No. 11-1355 (PAM/AJB)
Minnesota Correctional Facility
This matter is before the Court on the Report and Recommendation (“R&R”) of Chief
Magistrate Judge Arthur J. Boylan dated May 27, 2011. In the R&R, Magistrate Judge
Boylan recommended that Petitioner’s Petition for Writ of Habeas Corpus under 28 U.S.C.
§ 2254 be denied for lack of jurisdiction. Petitioner has failed to file objections to the R&R
in the time period permitted. The Court therefore ADOPTS the R&R (Docket No. 2).
The Court notes that, because it lacks jurisdiction to hear the matter, Petitioner is not
entitled to a certificate of appealability. See Fed. R. Governing § 2254 Cases in the U.S.
District Courts 11(a) (requiring district court to issue or deny certificate of appealability
when it enters final order adverse to petitioner).
Accordingly, IT IS HEREBY ORDERED that:
The Petition for Writ of Habeas Corpus (Docket No. 1) is DENIED; and
The Court will not issue a Certificate of Appealability in this matter; and
This matter is DISMISSED WITH PREJUDICE.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: Thursday, June 23, 2011
s/ Paul A. Magnuson
Paul A. Magnuson
United States District Court Judge
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