Crow Ghost v. Dooley

Filing 16

ORDER granting 12 Motion to Dismiss; adopting 14 Report and Recommendation, declining to issue certificate of appealability. Signed by U.S. District Judge Karen E. Schreier on 11/9/15. (SLW)

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION
MARIO CROW GHOST,

CIV. 15-4065-KES

Petitioner,
vs.
ROBERT DOOLEY, WARDEN; a/k/a
“Bob” Dooley, et. al.

ORDER ADOPTING REPORT AND
RECOMMENDATION AND
DISMISSING CASE

Respondents.
Petitioner, Mario Crow Ghost, filed a pro se petition for writ of habeas
corpus under 28 U.S.C. ' 2254. The court referred the petition to a United
States magistrate judge under 28 U.S.C. ' 636(b) and Rule 8 of the Rules
Governing Section 2254 Cases in United States District Courts.
The magistrate judge filed a report and recommendation recommending
that Crow Ghost=s petition be dismissed. Objections to the report and
recommendation were due by October 23, 2015.
The time for objections has passed. No objections to the report and
recommendation have been filed under 28 U.S.C. ' 2254, Rule 8(b)(3). The
court has considered the case de novo and adopts the report and
recommendation in full. Therefore, it is
ORDERED that the report and recommendation (Docket 14) is adopted
in full. Petitioner=s pro se petition for habeas corpus is denied with prejudice.

IT IS FURTHER ORDERED that the motion to dismiss with prejudice by
defendants (Docket 12) is granted.
IT IS FURTHER ORDERED that based upon the reasons stated and
under Fed. R. App. P. 22(b), the court finds that petitioner has not made a
substantial showing of the denial of a constitutional right. 28 U.S.C.
' 2253(c)(2). Thus, a certificate of appealability is denied.
Dated November 9, 2015.
BY THE COURT:

/s/ Karen E. Schreier
KAREN E. SCHREIER
UNITED STATES DISTRICT JUDGE

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