Milliman v. Minnesota, State of et al

Filing 10

ORDER Adopting 4 Report and Recommendation; Overruling 7 and 8 Objections; Denying 1 Application for writ of habeas corpus; dismissing this action with prejudice; and declining to grant a certificate of appealabilty. (Written Opinion). Signed by Judge Richard H. Kyle on 08/27/12. (kll)

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA ______________________________________________________________________ Lance Gerald Milliman, Petitioner, Civil No. 12-1789 (RHK/FLN) ORDER v. State of Minnesota and County of Stearns, Respondents. ______________________________________________________________________ Based upon the August 7, 2012, Findings of Fact, Conclusions of Law, and Recommendation of United States Magistrate Judge Franklin L. Noel together with a de novo review of Petitioner’s Objections thereto, and all the files, records and proceedings herein, IT IS ORDERED: 1. Petitioner’s Objections (Doc. Nos. 7 and 8) are OVERRULED; 2. The Report and Recommendation (Doc. No. 4) is ADOPTED; 3. Petitioner’s application for a writ of habeas corpus (Doc. No. 1) is DENIED; 4. This action is DISMISSED WITH PREJUDICE; and 5. The Court DECLINES to grant a Certificate of Appealability. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: August 27, 2012 s/Richard H. Kyle RICHARD H. KYLE United States District Judge

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