Matlock v. Riaser

Filing 21

ORDER ADOPTING REPORT AND RECOMMENDATION. 1. Petitioner Jerry Matlock, Jr.'s objections (Doc. Nos. 15 , 16 & 18 ) to Magistrate Judge Becky R. Thorson's April 13, 2015 Report and Recommendation are OVERRULED. 2. Magistrate Judge Becky R . Thorson's April 13, 2015 Report and Recommendation (Doc. No. 14 ) is ADOPTED. 3. Petitioner Jerry Matlock, Jr.'s amended petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 (Doc. No. 7) is DENIED. 4. No certificate of appealability is granted in this matter. 5. This action is DISMISSED WITH PREJUDICE. (Written Opinion). Signed by Judge Donovan W. Frank on 5/22/2015. (BJS) cc: George Matlock. Modified text on 5/22/2015 (MMP).

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

George Jerry Matlock, Jr.,

Civil No. 14-4322 (DWF/BRT)

Petitioner,
v.

ORDER ADOPTING REPORT
AND RECOMMENDATION

Bruce Riaser, 1 Warden,
Respondent.

This matter is before the Court upon Petitioner George Jerry Matlock, Jr.’s
(“Petitioner”) self-styled objections (Doc. Nos. 15, 16 & 18) to Magistrate Judge
Becky R. Thorson’s April 13, 2015 Report and Recommendation (Doc. No. 14) insofar
as it recommends that: (1) Petitioner’s amended petition for a writ of habeas corpus be
denied; and (2) a certificate of appealability not be granted in this matter. Respondent
filed a response to Petitioner’s objections on May 14, 2015. (Doc. No. 19.)
The Court has conducted a de novo review of the record, including a review of the
arguments and submissions of counsel, pursuant to 28 U.S.C. § 636(b)(1) and Local
Rule 72.2(b). The factual background for the above-entitled matter is clearly and
precisely set forth in the Report and Recommendation and is incorporated by reference
for purposes of Petitioner’s objections.

1

Although Matlock has identified the warden of the Minnesota Correctional
Facility at Fairbault as “Bruce Riaser,” it appears that his correct name is Bruce Reiser.
(See Doc. No. 10 at 1 n.1.)

Petitioner objects to the Magistrate Judge’s ruling and argues that: (1) the
Magistrate Judge was mistaken in her determination that Petitioner failed to advise the
Court in advance that he was trying to obtain private counsel because he had informed
the court that he was trying to obtain private counsel; and (2) he was at a disadvantage in
trying to obtain private counsel because he was incarcerated. (See generally Doc.
No. 15.) Petitioner further asserts that the state trial court “improperly construed
[Petitioner’s] motions . . . as ‘simply delay tactics.’” (Doc. No. 16 at 3.) Overall,
Petitioner asserts that he was severely prejudiced by the trial court’s denial of his request
for a continuance.
The Court concludes, as did Magistrate Judge Thorson, that Petitioner has failed to
show that he is entitled to relief under the Antiterrorism and Effective Death Penalty Act
of 1996 (“AEDPA”). As Respondent states in its Response to Petitioner’s Objections
(see generally Doc. No. 19), Petitioner fails to explain how the Minnesota courts’
decisions were “contrary to, or involved an unreasonable application of, clearly
established Federal law, as determined by the Supreme Court of the United States,” or
“based on an unreasonable determination of the facts in light of the evidence presented in
the State court proceeding.” 28 U.S.C. § 2254(d). Even assuming Petitioner’s
arguments to be true, he still cannot meet these requirements. The Minnesota courts’
decisions were reasonable in light of all of the facts and circumstances of the case and
were consistent with legal precedent.

2

As a result, and based upon the de novo review of the record and all of the
arguments and submissions of the parties, and the Court being otherwise duly advised in
the premises, the Court hereby enters the following:
ORDER
1.

Petitioner Jerry Matlock, Jr.’s objections (Doc. Nos. [15], [16] & [18]) to

Magistrate Judge Becky R. Thorson’s April 13, 2015 Report and Recommendation are
OVERRULED.
2.

Magistrate Judge Becky R. Thorson’s April 13, 2015 Report and

Recommendation (Doc. No. [14]) is ADOPTED.
3.

Petitioner Jerry Matlock, Jr.’s amended petition for a writ of habeas corpus

pursuant to 28 U.S.C. § 2254 (Doc. No. 7) is DENIED.
4.

No certificate of appealability is granted in this matter.

5.

This action is DISMISSED WITH PREJUDICE.

LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: May 22, 2015

s/Donovan W. Frank
DONOVAN W. FRANK
United States District Judge

3