Fairbanks v. Wilson

Filing 4

ORDER ADOPTING REPORT AND RECOMMENDATION. 1. Magistrate Judge Hildy Bowbeer's February 24, 2017 Report and Recommendation (Doc. No. 3 ) is ADOPTED. 2. The Petition for Writ of Habeas Corpus filed by Thomas Lee Fairbanks (Doc. No. 1 ) is SUMMARILY DISMISSED as untimely. 3. No certificate of appealability will be issued.(Written Opinion). Signed by Judge Donovan W. Frank on 3/21/2017. (BJS)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Thomas Lee Fairbanks,

Civil No. 16-4272 (DWF/HB)

Petitioner,
v.

ORDER ADOPTING REPORT
AND RECOMMENDATION

Eddie Wilson, Warden WMCI
Torrington,
Respondent.

The above matter comes before the Court upon the Report and Recommendation
of United States Magistrate Judge Hildy Bowbeer dated February 24, 2017. (Doc. No. 3.)
No objections have been filed to that Report and Recommendation in the time period
permitted. The factual background for the above-entitled matter is clearly and precisely
set forth in the Report and Recommendation and is incorporated by reference. Based
upon the Report and Recommendation of the Magistrate Judge and upon all of the files,
records, and proceedings herein, the Court now makes and enters the following:
ORDER
1.

Magistrate Judge Hildy Bowbeer’s February 24, 2017 Report and

Recommendation (Doc. No. [3]) is ADOPTED.
2.

The Petition for Writ of Habeas Corpus filed by Thomas Lee Fairbanks

(Doc. No. [1]) is SUMMARILY DISMISSED as untimely.
3.

No certificate of appealability will be issued.

LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: March 21, 2017

s/Donovan W. Frank
DONOVAN W. FRANK
United States District Judge

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