Jackson v. Grd Frk's Correction Center

Filing 14

ORDER ADOPTING 13 REPORT AND RECOMMENDATIONS and dismissing without prejudice 3 WRIT OF HABEAS CORPUS (State) by Chief Judge Ralph R. Erickson.(SH)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
NORTHEASTERN DIVISION
Roger Jackson,
Petitioner,

Case No. 2:14-cv-107

-vsORDER ADOPTING REPORT AND
RECOMMENDATION

Gr[an]d F[orks] [County] Correction[al]
Center,
Respondent.

Pursuant to 28 U.S.C. § 636, the court has received a Report and Recommendation
from the Honorable Alice R. Senechal, United States Magistrate Judge, recommending that
the court find that Petitioner Roger Jackson is not entitled to relief and that his petition for
habeas relief be dismissed without prejudice.1 Jackson has not objected to the Report and
Recommendation within the prescribed time period.
After reviewing the record and considering the magistrate judge’s Report and
Recommendation, the court finds the magistrate judge’s analysis of the claims and
recommendations for disposition are appropriate. Accordingly, the court hereby adopts the
Report and Recommendation in its entirety. For the reasons stated therein, Jackson’s
petition for habeas relief is DISMISSED without prejudice.
The court finds that any appeal would be frivolous, cannot be taken in good faith,
and may not be taken in forma pauperis. Moreover, a certificate of appealability will not
be issued by this court because dismissal of the petition is not debatable, reasonably subject

1

Doc. #13.

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to a different outcome on appeal, or otherwise deserving of further proceedings. If Jackson
desires further review of his petition, he may request the issuance of a certificate of
appealability by a circuit judge of the Eighth Circuit Court of Appeals in accordance with
Tiedeman v. Benson.2
IT IS SO ORDERED.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated this 4th day of June, 2015.

/s/ Ralph R. Erickson
Ralph R. Erickson, Chief Judge
United States District Court

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122 F.3d 518, 520-22 (8th Cir. 1997).

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