Day v. Roy

Filing 10

ORDER ADOPTING 9 REPORT AND RECOMMENDATION: 1. Respondent's Motion to Dismiss [Docket No. 6] is GRANTED. 2. Petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 [Docket No. 1] is denied. 3. This action is DISMISSED WITH PREJUDICE. 4. Petitioner shall not be granted a Certificate of Appealability in this case (Written Opinion). Signed by Judge Susan Richard Nelson on 5/22/12. (LPH)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
_____________________________________________________________________
Jason Coe Day,

Civil No. 11-2458 (SRN/LIB)

Petitioner,
v.

ORDER ADOPTING REPORT
AND RECOMMENDATION

Tom Roy, Minnesota Commissioner
of Corrections,
Respondent.
_____________________________________________________________________
The above matter comes before the Court upon the Report and Recommendation
of United States Magistrate Judge Leo I. Brisbois dated May 1, 2012. 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, upon all of
the files, records and proceedings herein, now makes and enters the following Order.
IT IS HEREBY ORDERED that:
1.

Respondent’s Motion to Dismiss [Docket No. 6] is GRANTED.

2.

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

3.

This action is DISMISSED WITH PREJUDICE.

4.

Petitioner shall not be granted a Certificate of Appealability in this case.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: May 22, 2012
s/Susan Richard Nelson
SUSAN RICHARD NELSON
United States District Judge