Jama v. Minnesota, State of

Filing 6

ORDER ADOPTING REPORT AND RECOMMENDATIONS. Denying as moot 2 Application to Proceed In Forma Pauperis in District Court filed by Abdirisak Dahir Jama; Adopting 4 Report and Recommendation. (Written Opinion). Signed by Senior Judge David S. Doty on 11/21/2011. (PJM)

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Civil No. 11-2596(DSD/SER) Abdirisak Dahir Jama, Petitioner, ORDER v. State of Minnesota, Respondent. This matter is before the court upon the objection by petitioner Abdirisak Dahir Jama to the September 19, 2011, report and recommendation of Magistrate Judge Steven E. Rau. In his report, the magistrate judge recommends that Jama’s 28 U.S.C. § 2254 petition for a writ of habeas corpus be denied and that this action be § 2244(d). dismissed with prejudice, pursuant to 28 U.S.C. Jama objects for reasons not responsive to the report and recommendation. The court reviews the magistrate judge de novo. report and file and recommendation the After a thorough review of record, the court finds that of magistrate judge is the of See 28 U.S.C. § 636(b)(1)(C); Fed. R. Civ. P. 72(b)(3); D. Minn. LR 72.2(b). the recommendation correctly disposes of the petition. the well report and reasoned and Accordingly, IT IS HEREBY ORDERED that: 1. Petitioner’s objection [ECF No. 5] to the magistrate judge’s report and recommendation is overruled; 2. The magistrate judge’s report and recommendation [ECF No. 4] is adopted in its entirety; 3. Petitioner’s application for a writ of habeas corpus [ECF. No. 1] is denied; 4. Petitioner’s application to proceed in forma pauperis [ECF. No. 2] is denied as moot; 5. This action is summarily dismissed with prejudice; and 6. Pursuant to 28 U.S.C. § 2253(c), the court denies a certificate of appealability. LET JUDGEMENT BE ENTERED ACCORDINGLY Dated: November 21, 2011 s/David S. Doty David S. Doty, Judge United States District Court 2

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