Jones v. Roy

Filing 22

ORDER adopting Report and Recommendation 19 . (1) Respondent's motion to dismiss 11 is GRANTED. (2) Petitioner's § 2254 petition 1 is DISMISSED. (3) A certificate of appealability is DENIED. (Written Opinion) Signed by Judge Joan N. Ericksen on August 25, 2017. (CBC)

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Joshua Anthony Jones, Petitioner, v. Case No. 16-cv-3696 (JNE/HB) ORDER Tom Roy, Respondent. Petitioner filed a petition under 28 U.S.C. § 2254 (2012). Respondent moved to dismiss the petition, asserting that Petitioner’s claims are barred by the statute of limitations. In a Report and Recommendation dated July 11, 2017, the Honorable Hildy Bowbeer, United States Magistrate Judge, recommended that Respondent’s motion to dismiss be granted, that Petitioner’s § 2254 petition be dismissed, and that a certificate of appealability be denied. Petitioner filed objections. Respondent responded to them. Based on a de novo review of the record, see D. Minn. LR 72.2(b), the Court overrules Petitioner’s objections and accepts the recommended disposition [Docket No. 19]. Therefore, IT IS ORDERED THAT: 1. Respondent’s motion to dismiss [Docket No. 11] is GRANTED. 2. Petitioner’s § 2254 petition [Docket No. 1] is DISMISSED. 3. A certificate of appealability is DENIED. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: August 25, 2017 s/ Joan N. Ericksen JOAN N. ERICKSEN United States District Judge

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