Hudson v. Hammer

Filing 28

ORDER ADOPTING REPORT AND RECOMMENDATIONS dismissing with prejudice 1 the Petition under 28 USC 2254 for Writ of Habeas Corpus by a Person in State Custody, denying 21 Motion to Dismiss Petition under USC 2254 for Writ of Habeas Corpus by Person in State Custody filed by Wilfred Carl Hudson, and granting 11 Motion to Dismiss/General filed by Steve Hammer (Written Opinion). Signed by Chief Judge John R. Tunheim on August 11, 2017. (HAZ)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

WILFRED CARL HUDSON,

Civil No. 16-3017 (JRT/TNL)

Petitioner,
v.

ORDER

STEVE HAMMER,
Respondent.

Wilfred Carl Hudson, Reg. No. 161392, Stillwater Correctional Facility, 970
Pickett Street, Bayport, MN 55003, pro se petitioner.
Lori H. Conroy, Assistant Clay County Attorney, CLAY COUNTY
ATTORNEY’S OFFICE, 807 North 11th Street, Post Office Box 280,
Moorhead, MN 56561, for respondent.
Based on the Report and Recommedation by United States Magistrate Judge Tony
N. Leung (Docket No. 27), along with all the files and records, and no objections to the
Recommendation having been filed, IT IS HEREBY ORDERED that:
1.

Respondent’s Motion to Dismiss Petition under U.S.C. § 2254 for Writ of

Habeas Corpus by Person is State Custody (Docket No. 11) is GRANTED.
2.

Hudson’s Motion to Dismiss Petition under U.S.C. § 2254 for Writ of

Habeas Corpus by Person is State Custody (Docket No. 21) is DENIED.
3.

The Petition under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a

Person is State Custody (Docket No. 1) is DISMISSED WITH PREJUDICE.
4.

Petitioner should NOT be granted a Certificate of Appealability.

LET JUDGMENT BE ENTERED ACCORDINGLY.
Date: August 11, 2017
at Minneapolis, Minnesota.

s/John R. Tunheim
JOHN R. TUNHEIM
Chief Judge
United States District Court