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)

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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

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