United States District Court, D. Minnesota
May 21, 2014
Antwan Darcell Thomas, Petitioner,
Commissioner Tom Roy, Respondent.
SUSAN RICHARD NELSON, District Judge.
The above matter comes before the Court upon the Report and Recommendation of United States Magistrate Judge Jeffrey J. Keyes dated May 2, 2014. No objections have been filed to that Report and Recommendation in the time period permitted.
Based upon the Report and Recommendation of the Magistrate Judge, upon all of the files, records and proceedings herein, the Court now makes and enters the following Order.
IT IS HEREBY ORDERED that:
1. Petitioner's application for a writ of habeas corpus, (Docket No. 1), is summarily DENIED;
2. Petitioner's motion seeking to be excused from the exhaustion of state court remedies requirement, (Docket No. 2), is DENIED;
3. This action is DISMISSED WITHOUT PREJUDICE; and
4. Petitioner is NOT granted a Certificate of Appealability.
LET JUDGMENT BE ENTERED ACCORDINGLY.