Lohnes v. Weber et al

Filing 9

ORDER denying as moot 2 Motion for Leave to Proceed in forma pauperis; denying as moot 4 Motion to Stay; adopting 7 Report and Recommendation; overruling 8 Objection to Report and Recommendation. A Certificate of Appealability shall not issue. Signed by U. S. District Judge Lawrence L. Piersol on 1/15/13. (DJP)

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA

FILED
JAN 15 2013

SOUTHERN DIVISION

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BURTON LOHNES,
CIV. 12-4196
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Petitioner,
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-vsORDER

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DOUGLAS WEBER, Warden,
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Respondent.
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Petitioner Burton Lohnes, an inmate at the South Dakota State Penitentiary, has applied for
a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The Magistrate Judge issued a Report and
Recommendation recommending that the Petition be dismissed without prejudice.
The Court has reviewed the file including the timely filed objections ofPetitioner Lohnes to
the Report and Recommendation ofJudge Simko. None ofthe objections overcome the findings and
recommendations of Judge Simko in the Report and Recommendation. Accordingly, the Petition
for Writ of Habeas Corpus of Petitioner Burton Lohnes is denied without prejudice for failure to
exhaust his state remedies and for failure to seek permission to file a second or successive petition.
IT IS ORDERED that:
1.

Petitioner's objections (Doc. 8) are OVERRULED and the Report and
Recommendation (Doc. 7) is ADOPTED.

2.

Petitioner's application for writ of habeas corpus is dismissed without
prejudice.

3.

A Certificate of Appealability shall not issue.

Dated this 15th day of January, 2013.
BY THE COURT:

awrence L. Piersol
United States District Judge
ATTEST:
JOSEPH HAAS, CLERK
By:

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, Deputy