Fenstermaker v. Roy

Filing 12

DOCUMENT FILED IN ERROR // ORDER substituting Kathy Halvorson as the Respondent in this matter; adopting 11 Report and Recommendation; denying 1 Petitioner's petition for a writ of habeas corpus; granting Petitioner's request for a certificate of appealability; and dismissing this action with prejudice. (Written Opinion) Signed by Judge Susan Richard Nelson on 03/31/17. (MJC) Modified text on 3/31/2017 (LPH).

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Russell J. Fenstermaker, Civ. No. 16-363 (SRN/BRT) Petitioner, v. ORDER Kathy Halvorson, Warden, MCF-Faribault, Respondent. Roy G. Spurbeck, Esq., Minnesota State Public Defender, counsel for Petitioner. James B. Early, Esq., Minnesota Attorney General’s Office, and James P. Spencer, Esq., Olmstead County Attorney’s Office, counsel for Respondent. The above matter comes before the Court upon the Report and Recommendation of United States Magistrate Judge Becky R. Thorson dated March 17, 2017. No objections have been filed to that Report and Recommendation in the time period permitted. Based upon the Report and Recommendation of the Magistrate Judge, upon all of the files, records, and proceedings herein, the Court now makes and enters the following Order. IT IS HEREBY ORDERED that: 1. Kathy Halvorson is substituted as the Respondent in this matter; 2. Petitioner’s petition for a writ of habeas corpus (Doc. No. 1) is DENIED; 3. Petitioner’s request for a certificate of appealability is GRANTED; 4. The Report and Recommendation (Doc. No. 11) is ADOPTED; and 5. This action is DISMISSED WITH PREJUDICE. LET JUDGMENT BE ENTERED ACCORDINGLY. Date: March 31, 2017 s/Susan Richard Nelson SUSAN RICHARD NELSON United States District Court Judge 2

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