Vang v. Roy

Filing 15

ORDER adopting Report and Recommendation 12 . (1) Petitioner's § 2254 petition 1 is DENIED. (2) This action is DISMISSED WITH PREJUDICE. (3) A certificate of appealability is DENIED. (Written Opinion) Signed by Judge Joan N. Ericksen on October 10, 2017. (CBC)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Aloeng Kelly Vang,
Petitioner,
v.

Case No. 17-cv-71 (JNE/TNL)
ORDER

Tom Roy, Minnesota Commissioner of
Corrections,
Respondent.
Petitioner filed a petition under 28 U.S.C. § 2254 (2012). Respondent asserted the
petition should be denied and dismissed with prejudice. In a Report and
Recommendation dated September 11, 2017, the Honorable Tony N. Leung, United
States Magistrate Judge, recommended that Petitioner’s § 2254 petition be denied, that
this action be dismissed with prejudice, 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 accepts the recommended disposition
[Docket No. 12]. Therefore, IT IS ORDERED THAT:
1.

Petitioner’s § 2254 petition [Docket No. 1] is DENIED.

2.

This action is DISMISSED WITH PREJUDICE.

3.

A certificate of appealability is DENIED.

LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: October 10, 2017
s/ Joan N. Ericksen
JOAN N. ERICKSEN
United States District Judge