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)

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