Wiig v. Williams
Filing
18
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 12 Report and Recommendation (Written Opinion). The Court ADOPTS the Report and Recommendation of United States Magistrate Judge Tony N. Leung dated May 30, 2018 12 . Respondent's Motion to Dismiss 8 is GRANTED. Petitioners § 2241 Habeas Corpus Petition 1 is DISMISSED. The Court denies a Certificate of Appealability in this case. LET JUDGMENT BE ENTERED ACCORDINGLY. Signed by Judge Michael J. Davis on 7/10/2018. (KMW)
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
CHARLES E. WIIG,
Petitioner,
v.
WARDEN E. WILLIAMS,
Respondent.
ORDER
Civil File No. 17‐3815 (MJD/TNL)
Charles E. Wiig, pro se.
Michael L. Cheever and Ana H. Voss, Assistant United States Attorneys, Counsel
for Respondent.
The above‐entitled matter comes before the Court upon the Report and
Recommendation of United States Magistrate Judge Tony N. Leung dated May
30, 3018. Petitioner Charles E. Wiig filed objections to the Report and
Recommendation.
Pursuant to statute, the Court has conducted a de novo review upon the
record. 28 U.S.C. § 636(b)(1); Local Rule 72.2(b). Based upon that review, the
1
Court ADOPTS the Report and Recommendation of United States Magistrate
Judge Leung dated May 30, 2018.
In Petitioner’s objections, he requests that the Court issue a Certificate of
Appealability. With regard to the Court’s procedural rulings, the Court
concludes that no “jurists of reason would find it debatable whether the petition
states a valid claim of the denial of a constitutional right;” nor would “jurists of
reason . . . find it debatable whether the district court was correct in its
procedural ruling.” Slack v. McDaniel, 529 U.S. 473, 484 (2000). With regard to
the Court’s decisions on the merits, it concludes that no “reasonable jurists
would find the district court’s assessment of the constitutional claims debatable
or wrong.” Id. Therefore, the Court denies a Certificate of Appealability in this
case.
Accordingly, based upon the files, records, and proceedings herein, IT IS
HEREBY ORDERED:
1. The Court ADOPTS the Report and Recommendation of United States
Magistrate Judge Tony N. Leung dated May 30, 2018 [Docket No. 12].
2. Respondent’s Motion to Dismiss [Docket No. 8] is GRANTED.
2
3. Petitioner’s § 2241 Habeas Corpus Petition [Docket No. 1] is
DISMISSED.
4. The Court denies a Certificate of Appealability in this case.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: July 10, 2018
s/Michael J. Davis
Michael J. Davis
United States District Court
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?