Heurung v. Kelly et al

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATION (Written Opinion). Signed by Judge Patrick J. Schiltz on December 27, 2017. (CLG) Modified text on 12/27/2017 (ACH). cc: Heurung

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Patrick Edward Heurung, Civ. No. 17-3340 (PJS/BRT) Petitioner, v. Order Thomas P. Kelly and David McLeod, Respondents. Patrick Edward Heurung, 5657 40th St. S, St. Cloud, MN 56301, pro se Petitioner. Thomas P. Kelly, Esq., Olmsted County Attorney’s Office, counsel for Respondent. The above matter comes before the Court upon the Report and Recommendation of United States Magistrate Judge Becky R. Thorson dated December 1, 2017. No objections have been filed to that Report and Recommendation in the time period permitted. Based upon the Report and Recommendation of the Magistrate Judge, upon all of the files, records, and proceedings herein, the Court now makes and enters the following Order. IT IS HEREBY ORDERED that: 1. Petitioner’s Petition for a Writ of Habeas Corpus (Doc. No. 1) is DISMISSED; and 2. Petitioner’s request for a certificate of appealability is DENIED. LET JUDGMENT BE ENTERED ACCORDINGLY. Date: 12/27/17 s/Patrick J. Schiltz PATRICK J. SCHILTZ United States District Court Judge 2

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