Colhoff v. United States of America

Filing 20

ORDER granting 14 Motion to Dismiss for Failure to State a Claim; adopting 16 Report and Recommendation. A certificate of appealability is denied. Signed by U.S. District Judge Karen E. Schreier on 4/12/17. (DJP)

Download PDF
UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA WESTERN DIVISION LONA LEE COLHOFF, Petitioner, vs. UNITED STATES OF AMERICA, 5:16-CV-05081-KES ORDER ADOPTING REPORT AND RECOMMENDATION AND GRANTING MOTION TO DISMISS Respondent. Petitioner, Lona Lee Colhoff, 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 14. Colhoff did not respond. On January 27, 2017, Magistrate Judge Duffy submitted a report and recommended that Colhoff’s petition be dismissed and respondent’s motion to dismiss be granted. 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 magistrate judge=s report and recommendation (Docket 16) is adopted in full and respondent=s motion to dismiss (Docket 14) 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 April 12, 2017. BY THE COURT: /s/ Karen E. Schreier KAREN E. SCHREIER UNITED STATES DISTRICT JUDGE

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?