Moua v. State of Minnesota et al

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATIONS denying 1 Petitioner's application for a writ of habeas corpus, denying 3 Application to Proceed in District Court without Prepaying Fees or Costs filed by Por Moua, and dismissing this case without prejudice (Written Opinion). Signed by Judge John R. Tunheim on September 17, 2014. (HAZ)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

POR MOUA,
Petitioner,

Civil File No: 14-3158 (JRT/SER)

v.
STATE OF MINNESOTA and
RAMSEY COUNTY,
Respondents.

ORDER ADOPTING REPORT AND
RECOMMENDATION

Por Moua, 203392, MCF-Moose Lake, 1000 Lakeshore Drive, Moose
Lake, MN 55767, pro se petitioner,
Peter R. Marker, OFFICE OF THE RAMSEY COUNTY ATTORNEY,
50 Kellogg Boulevard West, Suite 315, St Paul, MN 55102-1657, for
respondent.
James Early and Matthew Frank, MINNESOTA ATTORNEY
GENERAL’S OFFICE, 445 Minnesota Street, Suite 1800, St. Paul,
Minnesota 55101, for respondent.

The above-captioned case comes before the undersigned on the Report and
Recommendation of United States Magistrate Judge Steven E. Rau. No objections to the Report
and Recommendation were filed within the requisite time period. Accordingly, IT IS HEREBY
ORDERED that:
1.

Petitioner Por Moua’s application for a writ of habeas corpus pursuant to 28
U.S.C. § 2254 [Docket No. 1] be DENIED.

2.

Moua’s application for leave to proceed in forma pauperis [Docket No. 3] be
DENIED.

3.

This action be summarily DISMISSED WITHOUT PREJUDICE for lack of
jurisdiction.

4.

Moua not be granted a certificate of appealability.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: September 17, 2014
at Minneapolis, Minnesota.

s/John R. Tunheim s
JOHN R. TUNHEIM
United States District Judge

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