Janis-Bauer v. United States of America
Filing
24
ORDER granting 16 Motion to Dismiss; adopting 21 Report and Recommendation. Signed by U.S. District Judge Karen E. Schreier on 10/27/20. Mailed to Janis Bauer. (SLW)
Case 4:20-cv-04053-KES Document 24 Filed 10/27/20 Page 1 of 2 PageID #: 434
UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION
REVA DAWN JANIS-BAUER,
Petitioner,
vs.
UNITED STATES OF AMERICA,
4:20-CV-04053-KES
ORDER ADOPTING REPORT
AND RECOMMENDATION AND
GRANTING MOTION TO DISMISS
Respondent.
Petitioner, Reva Dawn Janis-Bauer, filed a motion under 28 U.S.C.
' 2255 to vacate, set aside, or correct sentence by a person in federal custody.
The court referred the motion to Magistrate Judge Veronica Duffy. The United
States moved to dismiss the action for failure to state a claim. Docket 16.
Janis-Bauer responded and opposed the motion. Docket 20. On October 2,
2020, Magistrate Judge Duffy submitted a report and recommended that
Janis-Bauer’s petition be dismissed and respondent’s motion to dismiss be
granted. Docket 21. 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
Case 4:20-cv-04053-KES Document 24 Filed 10/27/20 Page 2 of 2 PageID #: 435
ORDERED that the magistrate judge=s report and recommendation
(Docket 21) is adopted in full and respondent=s motion to dismiss (Docket 16)
is granted.
IT IS FURTHER ORDERED that based upon the reasons set forth
herein and pursuant to 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). Therefore, a certificate of appealability is denied.
Dated October 27, 2020.
BY THE COURT:
/s/ Karen E. Schreier
KAREN E. SCHREIER
UNITED STATES DISTRICT JUDGE
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