White Eagle v. Minnesota, State of

Filing 7

ORDER ADOPTING REPORT AND RECOMMENDATION 3 - Petitioner's application for a writ of habeas corpus 1 is DENIED. Petitioner's application for leave to proceed in forma pauperis 2 is DENIED. Petitioner's motion to appoint counsel 4 is DENIED. Petitioner's motion for sign language interpreter 6 is DENIED. This action is DISMISSED FOR LACK OF JURISDICTION. The Court DENIES a certificate of appealability in this case. (Written Opinion) Signed by Judge Joan N. Ericksen on May 22, 2013. (CBC)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Larry White Eagle,
Petitioner,
v.

Civil No. 13-921 (JNE/FLN)
ORDER

State of Minnesota,
Respondent.
In a Report and Recommendation dated April 29, 2013, the Honorable Franklin L. Noel,
United States Magistrate Judge, recommended that Petitioner’s application for a writ of habeas
corpus and application for leave to proceed in forma pauperis be denied, that this action be
dismissed for lack of jurisdiction, and that a certificate of appealability should not issue.
Petitioner did not object. Having conducted a de novo review of the record, the Court adopts the
Report and Recommendation. The Court denies the motions that were received after the Report
and Recommendation had issued. 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.

Petitioner’s motion to appoint counsel [Docket No. 4] is DENIED.

4.

Petitioner’s motion for sign language interpreter [Docket No. 6] is DENIED.

5.

This action is DISMISSED FOR LACK OF JURISDICTION.

6.

The Court DENIES a certificate of appealability in this case.

LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: May 22, 2013
s/Joan N. Ericksen
JOAN N. ERICKSEN
United States District Judge