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)

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