Wheatley v. Roy
Filing
16
ORDER ADOPTING REPORT AND RECOMMENDATION. 1. Chief Magistrate Judge Arthur J. Boylan's Report and Recommendation (Doc. No. 15 ) is ADOPTED. 2. Petitioner's application for habeas corpus relief under 28 U.S.C. § 2254 (Doc. No. 1 ) i s DENIED. 3. Petitioner's Motion for Conviction to Be Vacated, New Trial, or Evidentiary Hearing (Doc. No. 2 ) is DENIED AS MOOT. 4. This action is DISMISSED WITH PREJUDICE. 5. Petitioner will NOT be granted a Certificate of Appealability. (written opinion). Signed by Judge Donovan W. Frank on 11/26/2013. (BJS) cc: Prentice Wheatley on 11/26/2013 (MMP).
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Prentice Wheatley,
Civil No. 12-1950 (DWF/AJB)
Petitioner,
v.
ORDER ADOPTING REPORT
AND RECOMMENDATION
Commissioner Tom Roy,
Respondent.
The above matter comes before the Court upon the Report and Recommendation
of Chief United States Magistrate Judge Arthur J. Boylan dated October 29, 2013 (Doc.
No. 15). No objections have been filed to that Report and Recommendation in the time
period permitted. The factual background for the above-entitled matter is clearly and
precisely set forth in the Report and Recommendation and is incorporated by reference.
Based upon the Report and Recommendation of the Magistrate Judge, and upon all of the
files, records, and proceedings herein, the Court now makes and enters the following:
ORDER
1.
Chief Magistrate Judge Arthur J. Boylan’s Report and Recommendation
(Doc. No. [15]) is ADOPTED.
2.
Petitioner’s application for habeas corpus relief under 28 U.S.C. § 2254
(Doc. No. [1]) is DENIED.
3.
Petitioner’s Motion for Conviction to Be Vacated, New Trial, or
Evidentiary Hearing (Doc. No. [2]) is DENIED AS MOOT.
4.
This action is DISMISSED WITH PREJUDICE.
5.
Petitioner will NOT be granted a Certificate of Appealability.
Dated: November 26, 2013
s/Donovan W. Frank
DONOVAN W. FRANK
United States District Judge
2
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