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)

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