Shiue v. Warden et al

Filing 52

ORDER ADOPTING 43 Report and Recommendation, Overruling 44 Objections; Denying 51 Reply; Denying 1 Petition for Writ of Habeas Corpus; dismissing with prejudice Grounds One through Six; dismissing without prejudice Ground Seven; Declining to issue a Certificate of Appealability. (Written Opinion). Signed by Judge Richard H. Kyle on 03/26/13. (kll) cc: M. Shiue (GMW).

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Ming Sen Shiue,

Civ. No. 12-583 (RHK/LIB)
Petitioner,

ORDER

vs.
Warden, USO Marion, et al.,
Respondents.

Before the Court is the January 25, 2013 the Report and Recommendation of United
States Magistrate Judge Leo I. Brisbois, together with Petitioner’s Objections thereto. After
a de novo review of the Objections and the Report and Recommendation, together with all
of the files, records and proceedings herein, the undersigned concludes that Judge Brisbois’s
thorough and well-reasoned recommended disposition is fully supported by the factual record
before him and by controlling legal principles. Accordingly, IT IS ORDERED:
1. The Objections (Doc. No. 44) are OVERRULED;
2. Petitioner’s “Motion in Reply to Respondent’s Memorandum in Support of
Response Motion” (Doc. No. 51) is DENIED;
3. The Report and Recommendation (Doc. No. 43) is ADOPTED;
4. Plaintiff’s Petition for Writ of Habeas Corpus under 28 U.S.C. § 2254 (Doc. No.
1) is DENIED;

5. Plaintiff’s Grounds One through Six are DISMISSED WITH PREJUDICE;
6. Plaintiff’s Ground Seven is DISMISSED WITHOUT PREJUDICE; and
7. The Court DECLINES to issue a Certificate of Appealability.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: March 26, 2013
s/Richard H. Kyle
RICHARD H. KYLE
United States District Judge

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