Fenney v. State of Minnesota

Filing 16

ORDER re Report and Recommendation 15 : (1) Petitioner's petition for a writ of habeas corpus under 28 U.S.C. § 2254 1 is DISMISSED WITHOUT PREJUDICE. (2) Petitioner's Notice and Request for Stay and Abeyance 2 is DENIED. (3) A certificate of appealability is DENIED. (Written Opinion) Signed by Judge Joan N. Ericksen on December 20, 2016. (CBC) cc: Justin M. Fenney. Modified text on 12/21/2016 (MMP).

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
JUSTIN M. FENNEY,
Petitioner,
v.

Case No. 16-CV-1882 (JNE/TNL)
ORDER

STATE OF MINNESOTA,
Respondent.

This matter is before the Court on a Report and Recommendation (“R&R”) issued by the
Honorable Tony N. Leung, United States Magistrate Judge, on November 10, 2016. (Docket No.
15.) The R&R recommends dismissing Petitioner Justin M. Fenney’s petition for a writ of habeas
corpus under 28 U.S.C. § 2254 (Dkt. No. 1) without prejudice, denying the request for a stay and
abeyance (Dkt. No. 2), and not issuing a certificate of appealability. Neither party objected to the
R&R. Nevertheless, the Court conducted a de novo review of the record. See 28 U.S.C. §
636(b)(1); Fed. R. Civ. P. 72(b)(3); D. Minn. LR 72.2(b)(3). Based on that review, the Court
accepts the R&R’s recommended disposition.
Therefore, IT IS ORDERED THAT:
1.

Petitioner’s petition for a writ of habeas corpus under 28 U.S.C. § 2254
[Dkt. No. 1] is DISMISSED WITHOUT PREJUDICE.

2.

Petitioner’s Notice and Request for Stay and Abeyance [Dkt. No. 2] is
DENIED.

3.

A certificate of appealability is DENIED.

LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: December 20, 2016
s/Joan N. Ericksen
JOAN N. ERICKSEN
United States District Judge
1