Nelson v. Halvorson

Filing 28

ORDER adopting Report and Recommendations re 23 Report and Recommendation.(Written Opinion) Signed by Senior Judge David S. Doty on 12/4/2018. (DLO)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Civil No. 17-1444 (DSD/HB)
Leland Roland Nelson,
Petitioner,
v.

ORDER

Kathy Halvorson,
Respondent.

This matter is before the court upon the objections by pro se
plaintiff Leland R. Nelson II to the October 16, 2018, report and
recommendation of Magistrate Judge Hildy Bowbeer (R&R).
magistrate

judge

recommended

that

the

court

petition under 28 U.S.C. § 2254 with prejudice.

dismiss

The

Nelson’s

Nelson submitted

objections that are not directly responsive to the R&R.

Instead,

Nelson challenges the sufficiency of the evidence underlying his
conviction.
The court reviews the R&R de novo.

28 U.S.C. § 636(b)(1)(C);

Fed. R. Civ. P. 72(b); D. Minn. L.R. 72.2(b).

After a thorough

review of the file and record, the court finds that the R&R is
well-reasoned and correct.

Nothing in Nelson’s objections changes

that determination.
Accordingly, IT IS HEREBY ORDERED that:
1.

The objections to the R&R [ECF No. 26] are overruled;

2.

The R&R [ECF No. 23] is adopted in its entirety;

3.

The action is dismissed with prejudice; and

4.

A certificate of appealability is denied as unwarranted.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: December 4, 2018
s/David S. Doty
David S. Doty, Judge
United States District Court

2