Andersen v. Minnesota, State of

Filing 22

ORDER ADOPTING 21 REPORT AND RECOMMENDATION granting 15 Motion to Dismiss/General filed by Minnesota, State of, and 8 Motion to Dismiss/General filed by Minnesota, State of (Written Opinion). Signed by Judge Susan Richard Nelson on 02/12/15. (SMD)

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA * * * * * * * * * * * * * * * * * * Kenneth E. Andersen, Plaintiff, vs. ORDER State of Minnesota, Defendant. Civ. No. 14-779 (SRN/LIB) * * * * * * * * * * * * * * * * * * Based upon the Report and Recommendation of United States Magistrate Judge Leo I. Brisbois, and after an independent review of the files, records and proceedings in the above-entitled matter, it is -ORDERED: 1. That Respondent’s Motion to Dismiss Habeas Corpus Petition, [Docket No. 8], is GRANTED, and that Petitioner’s Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 by a Person in State Custody, [Docket No. 1], is DISMISSED with prejudice. 2. That Respondent’s Motion to Dismiss Habeas Corpus Petition Supplemental Claims, [Docket No. 15], is GRANTED, and that Petitioner’s Petition for Writ of Habeas Corpus Supplemental Claims, [Docket No. 13], is DISMISSED with prejudice as time-barred. 3. That Judgment is entered. BY THE COURT: DATED: February 12, 2015 St. Paul, Minnesota s/Susan Richard Nelson Judge Susan Richard Nelson United States District Judge

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