Weiss v. State of Minnesota

Filing 40

ORDER Adopting 36 Report and Recommendation; Overuling 37 Objections; Denying 1 Petition for Writ of Habeas Corpus; Denying 2 Motion to Accept Petition for a Federal Habeas Corpus to be Late under the Equitable Tolling. (Written Opinion). Signed by Judge Richard H. Kyle on 08/07/13. (kll) (cc: Scott Edward Weiss) Modified on 8/7/2013 (jz).

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Scott Edward Weiss, Civil No. 12-2417 (RHK/JJG) Petitioner, ORDER ON REPORT AND RECOMMENDATION v. State of Minnesota, Respondent. The Court has conducted a de novo review of the Report and Recommendation of Magistrate Judge Jeanne J. Graham, the Objections thereto, and all the files, records and proceedings herein. Based on that review, the undersigned is satisfied that Judge Graham’s recommendations are fully supported by the the factual record before her and controlling legal principle. Accordingly, IT IS ORDERED: 1. The Objections (Doc. No. 37) are OVERRULED; 2. Report and Recommendation (Doc. No. 36) is ADOPTED; 3. The Petition for Writ of Habeas Corpus (Doc. No. 1) is DENIED; and 4. Petitioner Scott Edward Weiss’s “Motion for Accept Petition for a Federal Habeas Corpus to be Late under the Equitable Tolling” (Doc. No. 2) is DENIED. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: August 7, 2013 s/Richard H. Kyle RICHARD H. KYLE United States District Judge

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