Harris v. Paget

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 8 Report and Recommendation, (Written Opinion). The petition for a writ of habeas corpus of petitioner Benjamin Lee Harris 1 is DISMISSED WITHOUT PREJUDICE for failure to exhaust state remedies. Harriss application to proceed in forma pauperis 2 is DENIED. No certificate of appealability shall be issued.Signed by Judge Michael J. Davis on 5/1/17. (KMW)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Benjamin Lee Harris,
Case No. 17-cv-326 MJD/FLN
Plaintiff,
v.

ORDER

Joe Paget,
Under Sheriff,
Defendant.
________________________________________________
Based upon the Findings of Fact, Conclusions of Law, and Recommendation by United
States Magistrate Judge Franklin L. Noel dated March 27, 2017, all the files and records, and no
objections having been filed to said Report and Recommendation,
IT IS HEREBY ORDERED that
1.

The petition for a writ of habeas corpus of petitioner Benjamin Lee Harris [ECF
No. 1] is DISMISSED WITHOUT PREJUDICE for failure to exhaust state
remedies.

2.

Harris’s application to proceed in forma pauperis [ECF No. 2] is DENIED.

3.

No certificate of appealability shall be issued.

LET JUDGMENT BE ENTERED ACCORDINGLY.

DATED: May 1, 2017

s/Michael J. Davis
MICHAEL J. DAVIS
United States District Court Judge