Cochrun v. South Dakota et al

Filing 7

ORDER adopting 3 Report and Recommendation; granting 4 Motion for Leave to Proceed in forma pauperis; dismissing 6 Motion for Hearing. Signed by U.S. District Judge Lawrence L. Piersol on 5/10/17. (SLW)

UNITED STATES DISTRICT COURT

FILED
DISTRICT OF SOUTH DAKOTA

MAY 1 0 2017

WESTERN DIVISION

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*

DEAN ALLEN COCHRUN,

CIV 17-5025

Petitioner,
ORDER

vs.

SOUTH DAKOTA,and

*

THE ATTORNEY GENERAL OF THE

*

STATE OF SOUTH DAKOTA,

*

Respondents.
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Petitioner Dean Allen Cochmn has applied for a writ ofhabeas eorpus pursuant to 28 U.S.C.

§ 2254. The Magistrate Judge screened Mr. Cochrun's Petition and issued a Report and
Recommendation recommending that Mr. Cochrun's Petition for Habeas Corpus be dismissed

without prejudice. Petitioner filed no objections to the Report and Recommendation. Petitioner has
also filed a Motion for Leave to Proceed In Forma Pauperis and a Motion for Hearing, Doc. 4,6.

After conducting an independent review ofthe record,the Court agrees with the Magistrate
Judge. Accordingly,
IT IS ORDERED:

1.

2.

That Petitioner's Motion for Leave to Proceed In Forma Pauperis, Doc.4,is
granted.

That Petitioner's Motion for Hearing Regarding Entrapment Methods Used

in Appeal Process, Doc.6,is both moot and without merit and is dismissed.
3.

That the Report and Recommendation, Doc. 3, is ADOPTED.

4.

That Petitioner's application for Writ ofHabeas Corpus,Doc. I,is dismissed
without prejudice.

5.

That no certificate of appealability shall issue.

Tt
Dated this

day of May,2017.
BY THE COURT:

iOiwmi (Mu-jcoJawrence L. Piersol
ATTEST:

United States District Judge

JOSEPH HAAS,CLERK
Bv:

Deputy