Dillard v. State of Minnesota et al

Filing 4

ORDER: The REPORT AND RECOMMENDATION 3 is accepted; the Petition 1 is dismissed without prejudice; the IFP application 2 is denied; and no certificate of appealability is issued. (Written Opinion) Signed by Judge Katherine M. Menendez on 11/13/2023. (BJP)

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Freddie L. Dillard, No. 23-cv-2383 (KMM/DTS) Petitioner, ORDER v. State of Minnesota, et al., Respondent. Petitioner Freddie Dillard filed a petition seeking a writ of habeas corpus relating to his conviction in Minnesota state court. United States Magistrate Judge David T. Schultz issued a Report and Recommendation (“R&R”) on Auguust 14, 2023 recommending that the Petition be dismissed without prejudice for lack of jurisdiction because Mr. Dillard has not received the required authorization from the Eighth Circuit to bring a successive petition. The deadline for Mr. Dillard to file objections to the R&R was August 28, 2023, and none have been submitted. The Court reviews de novo any portion of the R&R to which specific objections are made. 28 U.S.C. § 636(b)(1); D. Minn. LR 72.2(b). In the absence of objections, the Court reviews the R&R for clear error. Nur v. Olmsted County, 563 F. Supp. 3d 946, 949 (D. Minn. 2021) (citing Fed. R. Civ. P. 72(b) and Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam)). Based on a careful review of the record, the Court finds that Judge Schultz committed no error, clear or otherwise. Accordingly, the Court enters the following ORDER. 1. The Report and Recommendation [Doc. 3] is ACCEPTED. 2. The Petition [Doc. 1] is DISMISSED WITHOUT PREJUDICE for lack of jurisdiction. 3. The application to proceed in forma pauperis [Doc. 2] is DENIED. 4. No certificate of appealability is issued. Let Judgment Be Entered Accordingly. Date: November 13, 2023 s/ Katherine M. Menendez Katherine M. Menendez United States District Judge

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