Holmes v. Remark et al

Filing 13

ORDER adopting 11 Report and Recommendation; denying 2 Application on Proceed in District Court without Prepaying Fees or Costs; denying 3 Motion to cease and desist. The petition for a writ of habeas corpus of petitioner Aiyetoro Aheen Holmes is denied without prejudice for failure to exhaust state remedies. No certificate of appealability is issued. (Written Opinion) Signed by Judge Susan Richard Nelson on 3/29/2018. (SMD)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Aiyetoro Aheen Holmes,
Civil No. 18-cv-0181 (SRN/HB)
Petitioner,
v.
ORDER ON REPORT
AND RECOMMENDATION

Megan Remark; Melissa Westbrook;
and Attorney John L. Kirwin,
Respondents.

The above-entitled matter came before the Court upon the Report and
Recommendation of the United States Magistrate Judge. No objections have been filed to the
Report and Recommendation in the time period permitted.
Based upon the Report and Recommendation of the Magistrate Judge, and all the files,
records and proceedings herein,
IT IS HEREBY ORDERED that:
1.

The Report and Recommendation is ADOPTED;

2.

The petition for a writ of habeas corpus of petitioner Aiyetoro Aheen
Holmes [Doc. No. 1] is DENIED WITHOUT PREJUDICE for
failure to exhaust state remedies.

3.

Holmes’s application to proceed in forma pauperis [Doc. No. 2] is DENIED.

4.

Holmes’s motion to cease and desist [Doc. No. 3] is DENIED.

5.

No certificate of appealability is issued.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: March 29, 2018

s/Susan Richard Nelson
SUSAN RICHARD NELSON
United States District Judge