Fry v. Red Wing Correctional, Red Wing, MN

Filing 9

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)

Download PDF
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Civil No. 16-3267(DSD/TNL) Earl A. Fry, Petitioner, v. ORDER Red Wing Correctional, Red Wing, MN, Respondent. This matter is before the court upon the report and 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 be issued. No objections to the R&R have been filed in the time period permitted. Under these circumstances, the court finds it appropriate adopt the R&R. Accordingly, IT IS HEREBY ORDERED that: 1. The R&R [ECF No. 8] is adopted in its entirety; 2. The petition for habeas corpus [ECF No. 1] is dismissed without prejudice; 3. The motion to appoint counsel [ECF No. 5] is denied; and 4. 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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?