Michaelson v. Smith

Filing 11

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 10 Report and Recommendation(Written Opinion). Respondent's motion to dismiss 5 is GRANTED; Petitioner's petition for habeas corpus relief under 28 U.S.C. § 2254 1 is DISMISSED WITH PREJUDICE. LET JUDGMENT BE ENTERED ACCORDINGLY. DATED: Signed by Judge Michael J. Davis on 8/28/15. (KMW)

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Barry Scott Michaelson, Case No. 14-cv-3151 MJD/FLN Petitioner, v. ORDER Michelle Smith, Respondent. ________________________________________________ Based upon the Findings of Fact, Conclusions of Law, and Recommendation by United States Magistrate Judge Franklin L. Noel dated July 29, 2015, all the files and records, and no objections having been filed to said Report and Recommendation, IT IS HEREBY ORDERED that 1. Respondent’s motion to dismiss (ECF No. 5) is GRANTED; 2. Petitioner’s petition for habeas corpus relief under 28 U.S.C. § 2254 (ECF No. 1) is DISMISSED WITH PREJUDICE. LET JUDGMENT BE ENTERED ACCORDINGLY. DATED: August 28, 2015 s/Michael J. Davis MICHAEL J. DAVIS United States District Court Judge

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