Greene v. Gau et al
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 8 Motion to Appoint Counsel, Motion for Miscellaneous Relief filed by Guy I. Greene, 4 Motion to Dismiss/Lack of Jurisdiction filed by Leslie Beiers, and 2 Application to Proceed in District Court without Prepaying Fees or Costs filed by Guy I. Greene (Written Opinion). Signed by Chief Judge John R. Tunheim on March 6, 2017. (HAZ) cc: Greene on 3/7/2017 (LPH).
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
GUY I. GREENE, formerly known as
Civil No. 16-4329 (JRT/TNL)
C. GAU, MCF – St. Cloud Warden, and
LESLIE BEIERS, Carlton County Judge,
Guy I. Greene, Reg. No. 157305, MN Correctional Facility, 2305 Minnesota
Boulevard Southeast, St. Cloud, MN 56304, pro se petitioner.
Matthew Frank, MINNESOTA ATTORNEY GENERAL’S OFFICE,
445 Minnesota Street, Suite 1800, St. Paul, MN 55101, for respondent.
Based upon the Report and Recommendation by United States Magistrate Judge
Tony N. Leung dated February 15, 2017 (Docket No. 11), along with all the files and
records, and no objections to said Recommendation having been filed, IT IS HEREBY
Petitioner Guy I. Greene’s petition for a writ of habeas corpus (Docket No.
1) is SUMMARILY DENIED WITHOUT PREJUDICE for failure to exhaust state
The motion to dismiss of Leslie Beiers (Docket No. 4) is GRANTED, subject to
the limitations set forth above.
Greene’s application to proceed in forma pauperis (Docket No. 2) is DENIED.
Greene’s motion for appointment of counsel (Docket No. 8) is DENIED.
Petitioner should NOT be granted a Certificate of Appealability.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Date: March 6, 2017
at Minneapolis, Minnesota.
s/John R. Tunheim
JOHN R. TUNHEIM
United States District Court
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