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)

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UNITED STATES DISTRICT COURT FILED DISTRICT OF SOUTH DAKOTA MAY 1 0 2017 WESTERN DIVISION ^^ojSsr ****************************************************************************** * DEAN ALLEN COCHRUN, CIV 17-5025 Petitioner, ORDER vs. SOUTH DAKOTA,and * THE ATTORNEY GENERAL OF THE * STATE OF SOUTH DAKOTA, * Respondents. ****************************************************************************** Petitioner Dean Allen Cochmn has applied for a writ ofhabeas eorpus pursuant to 28 U.S.C. ยง 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

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