McClenton v. State of Minnesota

Filing 5

ORDER ADOPTING REPORT AND RECOMMENDATIONS 4 as to Roosevelt McClenton. Petitioners application for a writ of habeas corpus is DENIED. Petitioners application for leave to proceed in forma pauperis 2 is DENIED. This action is DISMISSED WITH PREJUDICE. Petitioner is NOT granted a Certificate of Appealability. (Written Opinion) Signed by Judge Joan N. Ericksen on November 7, 2012. (CBC) CC: McClenton. (kt)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Roosevelt McClenton,
Petitioner,
v.

Civil No. 12-2403 (JNE/JJK)
ORDER

State of Minnesota,
Respondent.

This case is before the Court on a Report and Recommendation issued by the Honorable
Jeffrey J. Keyes, United States Magistrate Judge, on October 3, 2012. The magistrate judge
recommended that Petitioner’s application for a writ of habeas corpus and Petitioner’s
application for leave to proceed in forma pauperis be denied, that the action be dismissed with
prejudice, and that no Certificate of Appealability be granted. No objections to the Report and
Recommendation have been filed within the requisite time period. The Court has conducted a de
novo review of the record. See D. Minn. LR 72.2(b). Based on that review, the Court adopts the
Report and Recommendation [Docket No. 4]. Therefore, IT IS ORDERED THAT:
1.

Petitioner’s application for a writ of habeas corpus [Docket No. 1] is
DENIED.

2.

Petitioner’s application for leave to proceed in forma pauperis [Docket
No. 2] is DENIED.

3.

This action is DISMISSED WITH PREJUDICE.

4.

Petitioner is NOT granted a Certificate of Appealability.

LET JUDGMENT BE ENTERED ACCORDINGLY
Dated: November 7, 2012
s/Joan N. Ericksen
JOAN N. ERICKSEN
United States District Judge

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