Palubicki v. State of Minnesota et al

Filing 6

ORDER Affirming, approving and adopting 5 Magistrate Judge's Report and Recommendation and granting 4 Motion to Change Venue. This case shall be transferred to the United States District Court for the District of Minnesota. It is fur ther certified that any appeal taken in forma pauperis from this Order would not be taken in good faith because such an appeal would be frivolous. Signed by District Judge J. Garvan Murtha on 1/25/2017. (kak) Signature date clarified on 1/30/2017 (law).

UNITED STATES DISTRICT COURT
FOR THE
DISTRICT OF VERMONT

ANTHONY JOHN PALUBICKI,
Petitioner,
v.
STATE OF MINNESOTA
and STATE OF VERMONT,
Respondents.

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File No. 1:16-cv-00250-jgm-jmc

ORDER
The Magistrate Judge's Report and Recommendation was filed December 19,
2016. (Doc. 5.) The Report and Recommendation is AFFIRMED, APPROVED and
ADOPTED absent objection. See 28 U.S.C. § 636(b)(1).
Respondent State of Vermont’s Motion for Change of Venue is GRANTED.
(Doc. 4.) This case shall be transferred to the United States District Court for the
District of Minnesota, where that court can decide, in its discretion, to either dismiss
Palubicki’s petition for a writ of habeas corpus filed under 28 U.S.C. § 2254, or transfer
it to the United States Court of Appeals for the Eighth Circuit.
WHEREFORE, it is hereby
ORDERED, that ten (10) days after the date of the service of this Order, the
Clerk is instructed to transfer this case to the United States District Court for the District
of Minnesota.

It is further certified that any appeal taken in forma pauperis from this Order
would not be taken in good faith because such an appeal would be frivolous. See 28
U.S.C. § 1915(a)(3).
SO ORDERED.
Dated at Brattleboro, in the District of Vermont, this 25th day of January, 2017.

/s/ J. Garvan Murtha
Honorable J. Garvan Murtha
United States District Judge

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