Tanner-Bey v. Minnesota Department of Correction

Filing 7

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 5 Report and Recommendation, (Written Opinion). Signed by Senior Judge David S. Doty on 7/20/2015. (CLB)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Sheik L. Tanner-Bey,

Civil No. 15-cv-2339 (DSD/TNL)
Petitioner,

v.

ORDER

Minnesota Department of Correction,
Respondent.

Sheik L. Tanner-Bey, Sherburne County Jail, 13880 Business Center Drive N.W., Elk River, MN
55330 (Petitioner, pro-se ); and
Matthew Frank and James B. Early, Minnesota Attorney General’s Office, 455 Minnesota Street,
Suite 1800, St. Paul, MN 55101; Jean E. Burdorf, Hennepin County Attorney’s Office, 300
South Sixth Street, Suite 2000, Minneapolis, MN 55487 (for Respondent).

Based upon the Report and Recommendation by United States Magistrate Judge Tony N.
Leung dated June 2, 2015 [Docket No. 5], along with all the files and records, and no objections
to said Recommendation having been filed, IT IS HEREBY ORDERED that:
1.

Petitioner Sheik LaQundus Laron Tanner-Bey’s petition for a writ of habeas corpus
[Docket No. 1] is DENIED WITHOUT PREJUDICE for failure to exhaust state
remedies.

2. This action is DISMISSED WITHOUT PREJUDICE; and
3. Petitioner should NOT be granted a Certificate of Appealability.
LET JUDGMENT BE ENTERED ACCORDINGLY.

Date: July 20, 2015

s/David S. Doty
David S. Doty, Judge
United States District Court