Kadel v. Roy

Filing 16

ORDER ADOPTING 15 Report and Recommendation. This matter is dismissed with prejudice (Written Opinion). Signed by Judge Ann D. Montgomery on 1/6/15. (JME)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Todd Jeffrey Kadel,
Case No. 13-cv-346 ADM/FLN
Plaintiff,
v.

ORDER

Thomas Roy,
Defendant.
________________________________________________
Based upon the Findings of Fact, Conclusions of Law, and Recommendation by United
States Magistrate Judge Franklin L. Noel dated December 11, 2014, all the files and records, and
no objections having been filed to said Report and Recommendation,
IT IS HEREBY ORDERED that:
1)

Petitioner’s Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a
Person in State Custody (ECF No. 1) is DENIED;

2)

This matter is DISMISSED WITH PREJUDICE.

It is further ordered, pursuant to 28 U.S.C. § 2253(c), that a Certificate of Appealability
not be issued because Petitioner has failed to make a substantial showing of the denial of any
constitutional right.
LET JUDGMENT BE ENTERED ACCORDINGLY.
DATED: January 6, 2015

s/Ann D. Montgomery
ANN D. MONTGOMERY
United States District Court Judge