Fuller v. State of Minnesota

Filing 50

ORDER ADOPTING REPORT AND RECOMMENDATION (Written Opinion). Signed by Judge Patrick J. Schiltz on November 9, 2017. (CLG)

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Fontell Demaun Fuller, Civil No. 17-cv-0898 (PJS/TNL) Petitioner, v. ORDER State of Minnesota, Respondent. Based upon the Report and Recommendation by United States Magistrate Judge Tony N. Leung dated September 28, 2017 (ECF No. 46), along with all the files and records, and no objections to said Recommendation having been filed, IT IS HEREBY ORDERED that: 1. The petition for a writ of habeas corpus of petitioner Fontell Demaun Fuller (ECF No. 1) is DENIED WITHOUT PREJUDICE. 2. Petitioner should NOT be granted a Certificate of Appealability. LET JUDGMENT BE ENTERED ACCORDINGLY. Date: November 9, 2017 s/Patrick J. Schiltz The Honorable Patrick J. Schiltz United States District Court Judge for the District of Minnesota

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