Harris v. Janssen

Filing 6

ORDER ACCEPTING REPORT AND RECOMMENDATION: the Report and Recommendation #5 is ACCEPTED, this matter is DISMISSED, Petitioner's application to proceed in forma pauperis #2 is DENIED AS MOOT, and no certificate of appealability will issue. (Written Opinion). Signed by Judge Eric C. Tostrud on 10/7/2019. (RMM)

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Benjamin L. Harris, File No. 19-cv-2428 (ECT/DTS) Petitioner, v. ORDER ACCEPTING REPORT AND RECOMMENDATION Vicki Janssen, Respondent. ________________________________________________________________________ The Court has received the September 10, 2019 Report and Recommendation of United States Magistrate Judge David T. Schultz. ECF No. 5. No party has objected to that Report and Recommendation, and the Court therefore reviews it for clear error. See Fed. R. Civ. P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam). Finding no clear error, and based upon all of the files, records, and proceedings in the above-captioned matter, IT IS ORDERED THAT: 1. The Report and Recommendation [ECF No. 5] is ACCEPTED; 2. This matter is DISMISSED; 3. Petitioner’s application to proceed in forma pauperis [ECF No. 2] is DENIED AS MOOT; and 4. No certificate of appealability will issue. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: October 7, 2019 s/ Eric C. Tostrud Eric C. Tostrud United States District Court

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