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McNeilly v. Hammer

United States District Court, D. Minnesota

February 28, 2014

Judah Stephen McNeilly, Petitioner,
v.
Steve Hammer, Warden, Respondent.

ORDER ADOPTING REPORT AND RECOMMENDATION

DONOVAN W. FRANK, District Judge.

The above matter comes before the Court upon the Report and Recommendation of United States Magistrate Judge Franklin L. Noel dated February 10, 2014. (Doc. No. 5.) No objections have been filed to that Report and Recommendation in the time period permitted. Nor has Petitioner filed an amended habeas corpus petition. ( See id. at 7.) The factual background for the above-entitled matter is clearly and precisely set forth in the Report and Recommendation and is incorporated by reference. Based upon the Report and Recommendation of the Magistrate Judge and upon all of the files, records, and proceedings herein, the Court now makes and enters the following:

ORDER

1. Magistrate Judge Franklin L. Noel's Report and Recommendation (Doc. No. [5]) is ADOPTED.

2. This action is summarily DISMISSED WITHOUT PREJUDICE.

3. Petitioner's application to proceed in forma pauperis (Doc. No. [2]) is DENIED AS MOOT.

4. Petitioner is NOT granted a Certificate of Appealability.

LET JUDGMENT BE ENTERED ACCORDINGLY.


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