Cobb v. Minnesota Department of Correction et al

Filing 23

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 14 Report and Recommendation. (Written Opinion)Petitioner's Motion for Writ of Mandamus re: Default Judgment 7 is DENIED; The Petition for Writ of Habeas Corpus [ 1] is DENIED; The Court will not issue a Certificate of Appealability; and This action is DISMISSED WITH PREJUDICE. Signed by Chief Judge Michael J. Davis on 11/19/14. (KMW)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Carnell Cobb,

Civil No. 13-cv-2934 (MJD/TNL)
Petitioner,
ORDER

v.
Minnesota Department of Correction,
et al.
Respondents.

The above-entitled matter comes before the Court on the Report and
Recommendation of Magistrate Judge Tony N. Leung dated July 23, 2014
recommending that Petitioner’s Motion for Writ of Mandamus and Writ of
Habeas Corpus be denied.
Pursuant to statute, the Court has conducted a de novo review of the
record. 28 U.S.C. § 636(b)(1); Local Rule 72.2(b). Based on the Court’s de novo
review, the Court will adopt the Report and Recommendation.
In addition, with regard to the procedural rulings set forth in the Report
and Recommendation, the Court concludes that no “jurists of reason would find
it debatable whether the petition states a valid claim of the denial of a

constitutional right;” nor would “jurists of reason . . . find it debatable whether
the district court was correct in its procedural ruling.” Slack v. McDaniel, 529
U.S. 473, 484 (2000). With regard to the decisions on the merits, the Court
concludes that no “reasonable jurists would find the district court’s assessment
of the constitutional claims debatable or wrong.” Id. Therefore, the Court will
also deny a Certificate of Appealability in this case.
IT IS HEREBY ORDERED that:
1. Petitioner’s Motion for Writ of Mandamus re: Default Judgment
[Docket No. 7] is DENIED;
2. The Petition for Writ of Habeas Corpus [Docket No. 1] is DENIED;
3. The Court will not issue a Certificate of Appealability; and
4. This action is DISMISSED WITH PREJUDICE.
LET JUDGMENT BE ENTERED ACCORDINGLY.

Date: November 19, 2014

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