Dudley v. State of Minnesota

Filing 25

ORDER ADOPTING REPORT AND RECOMMENDATIONS denying 23 Motion to Stay filed by Basil Benna Dudley, denying 21 Motion to Order Court Un-Transcribed Transcript of Plea Hearing and Sentencing filed by Basil Benna Dudley, and granting 15 Motion to Dismiss/General filed by State of Minnesota (Written Opinion). Signed by Chief Judge John R. Tunheim on February 10, 2017. (HAZ)

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA BASIL BENNA DUDLEY, Civil No. 16-446 (JRT/TNL) Plaintiff, v. ORDER STATE OF MINNESOTA, Defendant. Basil Benna Dudley, OID #242462, MCF-Faribault, 1101 Linden Lane, Faribault, MN 55021, pro se plaintiff. Peter R Marker, RAMSEY COUNTY ATTORNEY'S OFFICE, 345 Wabasha Street North, Suite 120, St Paul, MN 55102-1657 defendant. Based upon the Report and Recommendation by United States Magistrate Judge Tony N. Leung dated January 25, 2017 (Docket No. 24), along with all the files and records, and no objections to said Recommendation having been filed, IT IS HEREBY ORDERED that: 1. Respondent’s Motion to Dismiss Petition for Writ of Habeas Corpus, (Docket No. 15), is GRANTED. 2. The Petition under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody, (Docket No. 1), is DISMISSED WITH PREJUDICE. 3. Petitioner should NOT be granted a Certificate of Appealability. 4. Dudley’s Motion to Order Court Un-Transcribed Transcript of Plea Hearing and Sentencing, (Docket No. 21), is DENIED. 5. Dudley’s Motion to Stay, (Docket No. 23), is DENIED. LET JUDGMENT BE ENTERED ACCORDINGLY. Date: January 10, 2017 at Minneapolis, Minnesota. s/John R. Tunheim JOHN R. TUNHEIM Chief Judge United States District Court

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