King v. Department of Correction

Filing 5

ORDER ADOPTING REPORT AND RECOMMENDATION: Magistrate Judge Steven E. Rau's April 24, 2018 Report and Recommendation (Doc. No. 4 ) is ADOPTED. This matter is DISMISSED WITHOUT PREJUDICE for failure to exhaust state remedies. The application to proceed in forma pauperis of Petitioner Calvin Thomas King (Doc. No. 2 ) is DENIED. No certificate of appealability is issued. (Written Opinion). Signed by Judge Donovan W. Frank on 5/21/2018. (las)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Calvin Thomas King,

Civil No. 18-395 (DWF/SER)

Petitioner,
v.

ORDER ADOPTING REPORT
AND RECOMMENDATION

Department of Corrections,
Respondent.

The above matter comes before the Court upon the Report and Recommendation
of United States Magistrate Judge Steven E. Rau dated April 24, 2018. (Doc. No. 4.) No
objections have been filed to that Report and Recommendation in the time period
permitted. The factual background for the above-entitled matter is clearly and precisely
set forth in the Report and Recommendation and is incorporated by reference. Based
upon the Report and Recommendation of the Magistrate Judge and upon all of the files,
records, and proceedings herein, the Court now makes and enters the following:
ORDER
1.

Magistrate Judge Steven E. Rau’s April 24, 2018 Report and

Recommendation (Doc. No. [4]) is ADOPTED.
2.

This matter is DISMISSED WITHOUT PREJUDICE for failure to

exhaust state remedies.
3.

The application to proceed in forma pauperis of Petitioner Calvin Thomas

King (Doc. No. [2]) is DENIED.

4.

No certificate of appealability is issued.

LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: May 21, 2018

s/Donovan W. Frank
DONOVAN W. FRANK
United States District Judge

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