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)

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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

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