Arradondo v. Roy

Filing 9

ORDER: Adopting the Report and Recommendation of Magistrate Judge 8 ; Denying the Petition for Writ of Habeas Corpus 1 ; Denying Petitioner's Application to proceed in forma pauperis 3 . This action is Dismissed with Prejudice. Petitioner will not be granted a Certificate of Appealability. LET JUDGMENT BE ENTERED ACCORDINGLY. (Written Opinion). Signed by The Hon. Paul A. Magnuson on 11/26/2012. (LLM)

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA John Excel Arrandondo, Civ. No. 12-2576 (PAM/SER) Petitioner, v. ORDER Tom Roy, Commissioner of Correction, Respondent. This matter is before the Court on the Report and Recommendation (“R&R”) of Magistrate Judge Steven E. Rau dated November 2, 2012. In the R&R, Magistrate Judge Rau recommended that the Court deny Petitioner’s application to proceed in forma pauperis, deny the Petition for a Writ of Habeas Corpus as untimely, and summarily dismiss the case with prejudice. Petitioner failed to file objections to the R&R in the time period permitted. The Court therefore ADOPTS the R&R (Docket No. 8). Accordingly, IT IS HEREBY ORDERED that: 1. The Petition for Writ of Habeas Corpus (Docket No. 1) is DENIED; 2. Petitioner’s application to proceed in forma pauperis (Docket No. 3) is DENIED; 3. This action is DISMISSED with prejudice; and 4. Petitioner will not be granted a Certificate of Appealability. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: November 27, 2012 s/ Paul A. Magnuson Paul A. Magnuson United States District Court Judge 2

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