Ramey v. State of Minnesota et al

Filing 11

ORDER ADOPTING REPORT AND RECOMMENDATIONS 10 . 1.Petitioner's Petition Under 28 USC § 2254 for Writ of Habeas Corpus by a Person in State Custody [Docket No. 1.] is DENIED; 2.This action is DISMISSED WITH PREJUDICE; and3.The certificate of appealability is DENIED. (Written Opinion). Signed by Judge John R. Tunheim on July 12, 2012. (HAM) cc: Scott Wade Ramey. Modified on 7/12/2012 (lmb).

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA ________________________________________________________________________ SCOTT WADE RAMEY, Civil No. 11-1585 (JRT/TNL) Plaintiff, v. ORDER ADOPTING REPORT AND RECOMMENDATION STATE OF MINNESOTA AND PATRICIA RAINY, Defendants. ________________________________________________________________________ Scott Wade Ramey, 613 SW Second Street, Rochester, MN 55902, pro se plaintiff. Craig Nelson, OFFICE OF THE FREEBORN COUNTY ATTORNEY, 411 South Broadway Avenue, Albert Lea, MN 56007, for Defendant State of Minnesota. The above matter comes before the Court upon the Report and Recommendation of United States Magistrate Judge Tony N. Leung dated June 20, 2012 [Docket No. 10]. No objections have been filed to that Report and Recommendation in the time period permitted. Based upon the Report and Recommendation of the Magistrate Judge, and all of the files, records and proceedings herein, IT IS HEREBY ORDERED that: 1. Petitioner’s Petition Under 28 USC § 2254 for Writ of Habeas Corpus by a Person in State Custody [Docket No. 1.] is DENIED; 2. This action is DISMISSED WITH PREJUDICE; and 3. The certificate of appealability is DENIED. LET JUDGMENT BE ENTERED ACCORDINGLY. DATED: July 12, 2012 at Minneapolis, Minnesota ___ s/John R. Tunheim _____ JOHN R. TUNHEIM United States District Judge

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