Williams v. State of Minnesota et al

Filing 10

ORDER denying 4 Application on Proceed in District Court without Prepaying Fees or Costs; denying 5 Application on Proceed in District Court without Prepaying Fees or Costs; 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. 16-3695(DSD/FLN)
Antwaine Lavale Williams,
Petitioner,
v.

ORDER

State of Minnesota, et al.,
Respondents.
This

matter

is

before

the

court

upon

the

report

and

recommendation of Magistrate Judge Franklin L. Noel dated December
7, 2016 (R&R).

The magistrate judge recommended that (1) the

petition for habeas corpus be dismissed without prejudice; (2) the
application to proceed in forma pauperis be denied; and (3) no
certificate of appealability be issued.
have

been

filed

in

the

time

period

No objections to the R&R
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 application to proceed in forma pauperis [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