Cochrun v. Dooley

Filing 9

ORDER granting 3 Motion for Leave to Proceed in forma pauperis; denying as moot 5 Motion to Amend/Correct; adopting 6 Report and Recommendation; denying 7 Objection to Report and Recommendation, and declining to issue certificate of appealability. Signed by U.S. District Judge Lawrence L. Piersol on 7/23/14. (SLW)

FILED
UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA

JUl 2 3 2014

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SOUTHERN DIVISION

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LARRY DEAN COCHRUN,
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CIV 14-4004
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Petitioner,
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vs.
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ORDER
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BOB DOOLEY, Warden; and
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ATTORNEY GENERAL FOR THE
STATE OF SOUTH DAKOTA,
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Respondents.
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The Report and Recommendation ofJudge Simko and the Objections of Petitioner Cochrun
and the remainder ofthis file have been reviewed de novo by this Court.
There is no jurisdiction in this Court to grant relief for these claims even ifthere was merit
to the claims ofPetitioner. The lack ofjurisdiction for these claims in this Court is correctly set forth
in the Report and Recommendation and the Report and Recommendation is incorporated into this
Order of this Court.
Petitioner's Objections are denied and the case is dismissed with prejudice. There is no basis
for certifYing any issue for appeal from this decision. Accordingly,
IT IS ORDERED:
1.

That Petitioner Cochrun's Objections, Doc. 7, to the Report and
Recommendation are DENIED, and the Report and Recommendation, Doc.
6, is ADOPTED and Petitioner's § 2254 Petition for Writ of Habeas Corpus,
Doc. 1, is dismissed with prejudice.

2.

That Petitioner's Motion to Proceed in forma pauperis, Doc. 3,
GRANTED.

3.

That Petitioner's Motion to Amend, Doc. 5, is DENIED as moot.

IS

4.

That Petitioner's subsequent filing on May7, 2014, Doc. 8, was also
considered and is DENIED.

5.

That a Certificate ofAppealability shall not issue.

6.

That Petitioner's Motion to Proceed in forma pauperis, Doc. 6, is granted,
and Petitioner's $5.00 filing fee has already been paid to the Clerk ofCourts.

Dated this

A

~1'ay of July, 2014.

ATTEST:

JOSEPH HAAS, CLERK

BY:'~~

DE UTY

aw nce L. Piersol
. d States District Judge