Thomas v. Dooley

Filing 15

ORDER. IT IS HEREBY ORDERED: 1. The Court ADOPTS the Report and Recommendation of United States Magistrate Judge Leo I. Brisbois dated May 16, 2013 8 . 2.Petitioner's application for a writ of habeas corpus 1 is DENIED. 3.Petitioner& #039;s application for leave to proceed in forma pauperis 2 and 3 is DENIED.4.This action is DISMISSED WITH PREJUDICE. 5.Petitioner is NOT granted a Certificate of Appealability. (Written Opinion). Signed by Chief Judge Michael J. Davis on 7/18/13. (GRR)(cc: Milton Thomas) Modified on 7/19/2013 (akl).

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

MILTON THOMAS,
Petitioner,

v.

ORDER
Civil File No. 13-1143 (MJD/LIB)

BECKY DOOLEY, Warden,
Respondent.
Milton Thomas, pro se.
Matthew Frank, Minnesota Attorney General’s Office, Counsel for Respondent.
The above-entitled matter comes before the Court upon the Report and
Recommendation of United States Magistrate Judge Leo I. Brisbois dated May 16,
2013. Petitioner filed objections to the Report and Recommendation.
Pursuant to statute, the Court has conducted a de novo review upon the
record. 28 U.S.C. § 636(b)(1); Local Rule 72.2(b). Based upon that review, the
Court adopts the Report and Recommendation of United States Magistrate Judge
Brisbois dated May 16, 2013.

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Accordingly, based upon the files, records, and proceedings herein, IT IS
HEREBY ORDERED:
1. The Court ADOPTS the Report and Recommendation of United States
Magistrate Judge Leo I. Brisbois dated May 16, 2013 [Docket No. 8].
2. Petitioner’s application for a writ of habeas corpus [Docket No. 1]
is DENIED.
3. Petitioner’s application for leave to proceed in forma pauperis
[Docket Nos. 2 and 3] is DENIED.
4. This action is DISMISSED WITH PREJUDICE.
5. Petitioner is NOT granted a Certificate of Appealability.

Dated: July 18, 2013

s/ Michael J. Davis
Michael J. Davis
Chief Judge
United States District Court

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