Petty v. Hammer

Filing 19

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 13 Report and Recommendation(Written Opinion). Signed by Chief Judge Michael J. Davis on 10/14/14. Petitioner's Petition under 28 U.S.C. § 2254 for Writ of Habeas Corpus 1 is DENIED; This action is DISMISSED WITH PREJUDICE; and The Certificate of Appealability is DENIED.(KMW) cc: Leonard Darrell Petty. Modified text on 10/15/2014 (lmb).

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Leonard Darrell Petty,

Civil No. 13-cv-0402 (MJD/TNL)
Petitioner,
ORDER

v.
Steve Hammer, Warden,
Respondent.

Leonard Darrell Petty, #232925, 7600 525th Street, Rush City, MN 55069 (Petitioner, pro-se );
and
Matthew Frank, Jennifer R. Coates, Minnesota Attorney General’s Office, 455 Minnesota Street,
Suite 1800, St. Paul, MN; Tara C. Ferguson Lopez, Mille Lacs County Attorney’s Office, 225
Sixth Avenue SE, Milaca, MN 56353(for Respondent).
Based upon the Report and Recommendation by United States Magistrate Judge Tony N.
Leung dated June 5, 2014 (Docket No. 13), along with all the files and records, and no objections
to said Recommendation having been filed, IT IS HEREBY ORDERED that:
1. Petitioner’s Petition under 28 U.S.C. § 2254 for Writ of Habeas Corpus [Docket No.
1] is DENIED;
2. This action is DISMISSED WITH PREJUDICE; and
3. The Certificate of Appealability is DENIED.

Date: October 14, 2014

s/Michael J. Davis
The Honorable Michael J. Davis
Chief United States District Court Judge
for the District of Minnesota