Hubbard v. Janssen

Filing 27

ORDER adopting Report and Recommendations re 19 Report and Recommendation.(Written Opinion) Signed by Senior Judge David S. Doty on 10/17/2017. (DLO) cc: Hubbard. (kt)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Civil No. 16-4101 (DSD/SER)
Eddie Niles Hubbard
Petitioner,
v.

ORDER

Vicki Janssen,
Respondent.
Eddie Niles Hubbard, MCF-Faribault, OID# 244188, 1101 Linden
Lane, Faribault, MN 55021, petitioner pro se.
Elizabeth Roosevelt Johnston, Hennepin County Attorney’s
Office, 300 South 6th Street, Suite C-2000, Minneapolis, MN
55487, counsel for respondent.
This

matter

is

before

the

court

upon

the

report

and

recommendation (R&R) of Magistrate Judge Steven E. Rau dated August
31, 2017. The magistrate judge recommended that the court (1) deny
petitioner Eddie Niles Hubbard’s petition for writ of habeas
corpus, (2) dismiss the action with prejudice, and (3) deny a
certificate of appealability.1

No objections to the R&R have been

filed in the time period permitted.2

Under these circumstances,

1

Hubbard has filed an amended petition for writ of habeas
corpus. The court will not entertain this amended petition because
it is untimely. See Fed. R. Civ. P. 15(a)(1). Further, because
the court is denying the original petition, this amended petition
is considered a second or successive petition. Therefore, pursuant
to 28 U.S.C. 2254(b)(3), Hubbard must seek an order from the Eighth
Circuit Court of Appeals authorizing the district court to consider
the petition.
2

Hubbard informed the court that he did not receive the R&R
until September 9. Even accounting for this delay and giving him
ample additional time, he still has not filed a timely objection.

the court finds it appropriate to adopt the R&R.
Accordingly, IT IS HEREBY ORDERED that:
1.

The report and recommendation [ECF No. 19] is adopted in

its entirety;
2.

The petition for writ of habeas corpus [ECF No. 1] is

denied with prejudice;
3.

The amended petition for writ of habeas corpus [ECF No.

26] is denied without prejudice; and
4.

No certificate of appealability shall issue.

LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: October 17, 2017
s/David S. Doty
David S. Doty, Judge
United States District Court

2