Cochrun v. Young et al

Filing 44

ORDER denying 33 and 34 Objection to Report and Recommendation; adopting 30 Report and Recommendation; granting 22 Motion to Dismiss for Failure to State a Claim; denying 1 Petitioner's Application for Writ of Habeas Corpus; denying as moot 5 Motion; denying as moot 8 Motion; denying as moot 10 Motion; denying as moot 13 Motion to Stay; denying as moot 15 Motion; denying as moot 19 Motion; denying as moot 26 Motion to Extend ; denying as moot 26 Motion to A ppoint Counsel; denying as moot 35 Motion to Extend Deadlines ; denying as moot 36 Motion for Hearing; denying as moot 37 Motion; denying as moot 40 Motion; denying as moot 43 Motion. A Certificate of Appealability shall not issue. Signed by U.S. District Judge Lawrence L. Piersol on 6/3/15. (DJP)

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA

FILED
JUN 0 4 2015

WESTERN DIVISION

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:~"' CLERK
DEAN COCHRUN,
Petitioner,
VS.

DARIN YOUNG; and
MARTY J. JACKLEY,
Attorney Genera~ State of South Dakota,
Respondents.

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CIV 14-5066

ORDER

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Petitioner Dean Cochron, an inmate at the South Dakota State Penitentiary, has applied for
a writ ofhabeas corpus pursuant to 28 U.S.C. § 2254. The Magistrate Judge issued a Report and
Recommendation recommending that the Petition be dismissed as the Petition fails to state a claim
upon which relief may be granted pursuant to Fed. R. Civ. P. 12(b)( 6). Petitioner filed objections to
the Report and Recommendation.
The Court has conducted a de novo review of Petitioner's case before this Court, including
Petitioner's Objections to the Report and Recommendation, and adopts the Report and
Recommendation.
In addition, the Court finds that Petitioner has failed to make a substantial showing of the
denial of a constitutional right and therefore a certificate of appealability will not issue.
U.S.C. 2253(c)(2). Accordingly,
IT IS ORDERED:
1.

That the Petitioner's Objections (Doc. 33, 34) are DENIED, and the
Magistrate Judge's Report and Recommendation (Doc. 30) is ADOPTED.

2.

That Respondents' Motion to Dismiss Petitioner's Application for Writ of
Habeas Corpus (Doc. 22) is GRANTED.

3.

That Petitioner's Application for Writ ofHabeas Corpus (Doc. 1) is DENIED
with prejudice.

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4.

That Petitioner's remaining outstanding Motions (Dockets 5, 8, 10, 13, 15, 19,
26, 35, 36, 37, 40, and 43) are DENIED as moot.

5.

That a Certificate of Appealability shall not issue.

Dated this

.JI}_ day of June, 2015.
BY THE

cou:R'

bierao~1_(1,-United States DistriCt Judge
ATTEST:
JOSEPH

HAAPCLERK

By.

(QQ~ ~
Deputy