Carter v. State of Minnesota

Filing 22

ORDER ADOPTING REPORT AND RECOMMENDATIONSdenying 14 Motion for Miscellaneous Relief filed by Ernest Carter, denying 9 Motion for Extension of Time (General) filed by Ernest Carter, denying 10 Application to Proceed in District Court withou t Prepaying Fees or Costs filed by Ernest Carter, and denying 13 Application to Proceed in District Court without Prepaying Fees or Costs filed by Ernest Carter (Written Opinion). Case dismissed without prejudice. Signed by Chief Judge John R. Tunheim on 8/28/2018. (HAZ)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

ERNEST CARTER,

Civil No. 18-700 (JRT/SER)
Plaintiff,
v.
STATE OF MINNESOTA,

ORDER
Defendant.

Ernest Carter, OID #234882, 1000 Lakeshore Drive, Moose Lake, MN
55767, pro se plaintiff.
Jean E. Burdorf, HENNEPIN COUNTY ATTORNEY'S OFFICE, 300
South Sixth Street, Suite A-2000, Minneapolis, MN 55487, for defendants.
United States Magistrate Judge Steven E. Rau filed the Report and
Recommendation on August 10, 2018 [Docket No. 21]. No objections have been filed to
that Report and Recommendation in the time period permitted.
Based on the Report and Recommendation of the Magistrate Judge, and all of the
files, records and proceedings herein, IT IS HEREBY ORDERED THAT:
1.

The petition for a writ of habeas corpus of petitioner Ernest Carter is
DISMISSED WITHOUT PREJUDICE for failure to prosecute or,
alternatively, for failure to exhaust state remedies.

2.

Carter’s remaining motions [Docket Nos. 9, 10, 13, & 14] are DENIED.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: August 28, 2018
at Minneapolis, Minnesota
s/John R. Tunheim
JOHN R. TUNHEIM
Chief Judge
United States District Court

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