Johnson v. Symmes

Filing 24

ORDER Adopting 23 Report and Recommendation; Denying 1 Petition for Writ of Habeas Corpus; Denying 19 Motion for Reconsideration of the Appointment of Counsel and for an Investigator; Declining to issue a Certificate of Appealability; Dismissing this action with prejudice. (Written Opinion). Signed by Judge Richard H. Kyle on 07/27/12. (kll) (cc: David B. Johnson)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

David B. Johnson,

Civil No. 11-2610 (RHK/JJG)
Petitioner,

ORDER

v.
Jessica Symmes,
Respondent.

The above-entitled matter came before the Court upon the Report and
Recommendation of the United States Magistrate Judge. 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 the
files, records and proceedings herein, IT IS ORDERED:
1.

The Report and Recommendation (Doc. No. 23) is ADOPTED;

2.

The Petition for Writ of Habeas Corpus (Doc No. 1) is DENIED;

3.

Petitioner’s Motion for Reconsideration of the Appointment of Counsel and

for an Investigator (Doc. No. 19) is DENIED;
4.

The Court DECLINES to issue a Certificate of Appealability; and

5.

This action is DISMISSED WITH PREJUDICE.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: July 27, 2012

s/Richard H. Kyle
RICHARD H. KYLE
United States District Judge