Fry v. Red Wing Correctional, Red Wing, MN
ORDER denying 5 Motion to Appoint Counsel; adopting Report and Recommendations re 8 Report and Recommendation.(Written Opinion) Signed by Senior Judge David S. Doty on 1/3/2017. (DLO)
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Civil No. 16-3267(DSD/TNL)
Earl A. Fry,
Red Wing Correctional,
Red Wing, MN,
recommendation of Magistrate Judge Tony N. Leung dated December 8,
2016 (R&R). The magistrate judge recommended that (1) the petition
for habeas corpus be dismissed without prejudice; (2) the motion to
appoint counsel be denied; and (3) no certificate of appealability
No objections to the R&R have been filed in the time
Under these circumstances, the court finds it
appropriate adopt the R&R.
Accordingly, IT IS HEREBY ORDERED that:
The R&R [ECF No. 8] is adopted in its entirety;
The petition for habeas corpus [ECF No. 1] is dismissed
The motion to appoint counsel [ECF No. 5] is denied; and
No certificate of appealability will be issued.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: January 3, 2017
s/David S. Doty
David S. Doty, Judge
United States District Court
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