Greene v. Gau et al

Filing 12

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).

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA GUY I. GREENE, formerly known as Ozhawaaskoo Giishig, Civil No. 16-4329 (JRT/TNL) Petitioner, ORDER v. C. GAU, MCF – St. Cloud Warden, and LESLIE BEIERS, Carlton County Judge, Respondents. 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 ORDERED that: 1. 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 remedies. 2. The motion to dismiss of Leslie Beiers (Docket No. 4) is GRANTED, subject to the limitations set forth above. 3. Greene’s application to proceed in forma pauperis (Docket No. 2) is DENIED. 4. Greene’s motion for appointment of counsel (Docket No. 8) is DENIED. 5. 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 Chief Judge United States District Court

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