Vasquez v. State of Minnesota
ORDER ADOPTING REPORT AND RECOMMENDATION.(Written Opinion). Signed by Judge Patrick J. Schiltz on December 28, 2016. (CLG)
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
JORGE ROMAN VASQUEZ,
Case No. 16‐CV‐3130 (PJS/TNL)
STATE OF MINNESOTA,
Jorge Roman Vasquez, pro se.
Kathryn M. Keena, DAKOTA COUNTY ATTORNEY’S OFFICE, for respondent.
Petitioner Jorge Vasquez was convicted in state court of charges in connection
with a drive‐by shooting. He now seeks a writ of habeas corpus under 28 U.S.C. § 2254.
On November 22, 2016, Magistrate Judge Tony N. Leung issued a Report and
Recommendation (“R&R”) that recommends dismissing this action without prejudice
for failure to exhaust state remedies. ECF No. 9. Vasquez submitted a letter in Spanish,
which the Court has had translated, and which the Court construes to be an objection to
the R&R. ECF Nos. 10, 11.
Having reviewed the R&R and the underlying record de novo, see 28 U.S.C.
§ 636(b)(1); Fed. R. Civ. P. 72(b), the Court agrees with Judge Leung’s analysis.
Accordingly, the Court overrules Vasquez’s objection and adopts the R&R.
Based on the foregoing, and on all of the files, records, and proceedings herein,
the Court OVERRULES petitioner’s objection [ECF Nos. 10, 11] and ADOPTS the R&R
[ECF No. 9]. IT IS HEREBY ORDERED THAT:
This action is DISMISSED WITHOUT PREJUDICE for failure to exhaust
Petitioner’s application to proceed in forma pauperis [ECF No. 6] is
No certificate of appealability will issue.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: December 28, 2016
s/Patrick J. Schiltz
Patrick J. Schiltz
United States District Judge
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