Holtry v. Dooley et al

Filing 16

ORDER dismissing 1 Petition for Writ of Habeas Corpus; denying as moot 4 Motion for Discovery; denying as moot 6 Motion ; granting 12 Motion to Dismiss; adopting 15 Report and Recommendation; denying as moot 2 Motion for Leave to Proceed in forma pauperis. Certificate of Appealability shall not issue. Signed by U.S. District Judge Lawrence L. Piersol on 5/21/18. (SLW)

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
WESTERN DIVISION

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JAMES D. HOLTRY,

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a/k/a'Jim Holtry,

CIV 18-5016

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Petitioner,

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vs.

ORDER

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WARDEN BOB DOOLEY,

Department of Corrections; and
THE ATTORNEY GENERAL OF THE
STATE OF SOUTH DAKOTA,

Respondents.

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Petitioner James D. Holtry, an inmate at the Rapid City Community Work Center in Rapid

City, South Dakota, has applied for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The
Magistrate Judge issued a Report and Recommendation recommending thatthe Respondents'Motion
to Dismiss be granted and Mr. Hopkins' Petition for Habeas Corpus be dismissed with prejudice.
Petitioner filed no objections to the Report and Recommendation. In reviewing the file, the Court
notes that the discovery requested by Petitioner in state court wasfor the stated purpose of preparing

a habeas corpus petition, but it did not request habeas relief and is no basis for a tolling of the time
periods.

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

1.

That the Report and Recommendation, Doc. 15, is ADOPTED.

2.

That Respondents' Motion to Dismiss, Doc. 12, is GRANTED.

3.

That Petitioner's application for Writ of Habeas Corpus,Doc. 1, is dismissed
with prejudice.

4.

That Petitioner's Motion to Proceed Informa Pauperis, Doc. 2, is denied as
moot.

5.

That Petitioner's Motion for Discovery, Doc. 4, is denied as moot.

6.

That Petitioner's Motion for Return of Property, Doc. 6, is denied as moot.

7.

That a Certificate of Appealability shall not issue.

Dated this (TV day of May,2018.
BY THE COURT:

LWrence L. Piersol
United States District Judge
ATTEST:

MATTHEW W.THELEN,CLERK

Deputy '