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)

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