Lehmeyer v. Hennepin County Adult Corrections Facility et al

Filing 17

ORDER Overruling 14 Objections; Adopting 13 Report and Recommendation, Denying 4 Motion to Stay; Denying 6 Amended Habeas Corpus Petition; Denying 11 Motion to Alter/Amend/Supplement Pleadings; summarily Dismissing this action with prejudice. Petitioner is NOT granted a Certificate of Appealability. (Written Opinion). Signed by Judge Richard H. Kyle on 04/25/12. (kll)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
_____________________________________________________________________
Peter Jahan Lehmeyer,

Civil No. 12-335 (RHK/JSM)

Petitioner,

ORDER

v.
Lori Swanson, Hennepin County Workhouse,
Adult Correctional Facility, and Dennis Gilbert,
Respondents.
_____________________________________________________________________
On March 30, 2012, Magistrate Judge Janie S. Mayeron issued a Report and
Recommendation in which she recommended that Petitioner’s petition for amended writ
of habeas corpus under 28 U.S.C. § 2254 be summarily dismissed. Before the Court are
Petitioner’s Objections thereto.
The Court has conducted the required de novo review of the Report and
Recommendation, as well as Petitioner’s Objections thereto. That review discloses that
the factual determinations in the Report and Recommendation are fully supported by the
record before Judge Mayeron and her legal conclusions are supported by controlling legal
principles.
Accordingly, and upon all the files, records and proceedings herein, IT IS
ORDERED that:
1. Petitioner’s Objections (Doc. No. 14) are OVERRULED;
2. The Report and Recommendation (Doc. No. 13) is ADOPTED;
3. Petitioner’s amended habeas corpus petition (Doc. No. 6) is DENIED;

4. Petitioner’s Motion for a stay order (Doc. No. 4) is DENIED;
5. Petitioner’s Motion to amend (Doc. No. 11) is DENIED;
6. This action is summarily DISMISSED WITH PREJUDICE; and
7. Petitioner is NOT granted a Certificate of Appealability.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: April 25, 2012
s/Richard H. Kyle
RICHARD H. KYLE
United States District Judge

2