Goggleye v. Minnesota, State of

Filing 9

ORDER adopting Report and Recommendations [Dkt. No. 7 ]. (1) Petitioner Kelly Bruce Goggleye Sr.'s Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody [Dkt. No. 1 ] is DENIED. (2) This action is DISMISSED WITH PREJUDICE. (3) A Certificate of Appealability is DENIED. (Written Opinion) Signed by Judge Joan N. Ericksen on August 9, 2017. (CBC) Modified text on 8/9/2017 (ACH). cc: Goggleye

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
KELLY BRUCE GOGGLEYE SR.,
Petitioner,
Case No. 16-cv-2739 (JNE/TNL)
ORDER

v.
STATE OF MINNESOTA,
Respondent.

Pursuant to 18 U.S.C. § 2254, pro se Petitioner Kelly Bruce Goggleye Sr. filed a petition
for writ of habeas corpus challenging his October 24, 2014, conviction for first-degree criminal
sexual conduct under Minnesota law. The federal magistrate judge ordered Respondent the State
of Minnesota 1 to file an answer within 30 days of August 17, 2016. Dkt. No. 3. Respondent
filed an answer on September 15, 2016, attaching several documents from the underlying
criminal case and related proceedings. Dkt. No. 5. Respondent’s attachments included copies of
excerpts from transcripts of Petitioner’s trial in state court and identified additional transcripts
that would be available for review. See R. Gov’g § 2254 Cases 5(c)-(d). The matter was
referred to the Honorable Tony N. Leung, United States Magistrate Judge, who issued a Report
and Recommendation dated May 31, 2017, recommending the denial of the petition, its dismissal
with prejudice, and a denial of a certificate of appealability.
After receiving a copy of the Report and Recommendation, Petitioner filed a letter on
June 14, 2017, objecting on the following grounds: “Respondent failed to comply with [] court
order dated August 17th, 2016, Document #3 . . . . I ask for dismissal of all charges and

1

Petitioner failed to properly “name as respondent the state officer who has custody.” R.
Gov’g § 2254 Cases 2(a).

immediate release.” Dkt. No. 8. The Court has reviewed the record de novo. See D. Minn. L.R.
72.2(b)(3).
Petitioner’s sole objection that Respondent did not comply with the August 17, 2016,
order at Docket No. 3 is belied by the record. Respondent timely filed its answer. Respondent
also filed a certificate of service indicating that a copy of its answer was mailed to Petitioner at
an address that matches the return address he has listed in his correspondence in this action.
Petitioner identified no other objections to the Report and Recommendation.
The Court accepts the recommendations and reasoning of the Report and
Recommendation.
Based on the files, records, and proceedings herein, and for the reasons stated above, IT
IS ORDERED THAT:
1. Petitioner Kelly Bruce Goggleye Sr.’s Petition Under 28 U.S.C. § 2254 for Writ of
Habeas Corpus by a Person in State Custody [Dkt. No. 1] is DENIED.
2. This action is DISMISSED WITH PREJUDICE.
3. A Certificate of Appealability is DENIED.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: August 9, 2017

s/ Joan N. Ericksen
JOAN N. ERICKSEN
United States District Judge