United States District Court, D. Minnesota
Nicholas Taylor Rod, Minnesota Blvd. S.E., MN Petitioner, pro se.
Matthew Frank, Esq., and James B. Early, Esq., Minnesota Attorney General's Office, St. Paul, MN., counsel for Respondent.
REPORT AND RECOMMENDATION
JANIE S. MAYERON, Magistrate Judge.
Petitioner Nicholas Taylor Rod's Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody on October 23, 2014 (Doc. No. 1, Pet) is before the Court for examination under Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts. Pursuant to Rule 4, the Court must examine a habeas petition brought under 28 U.S.C. § 2254 to determine whether it "plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief, " and, if so, the court "must dismiss the petition." This Court has conducted the requisite preliminary review and now recommends that the Petition be summarily dismissed without prejudice.
Petitioner is currently incarcerated at the Minnesota Correctional Facility in Saint Cloud, Minnesota, serving a 69-month sentence following his conviction on charges of first-degree burglary. (Pet. ¶¶ 3-5.) He was sentenced on September 9, 2014, after he entered a guilty plea. ( Id. ¶¶ 2(b), 6(a).) As grounds for relief, he asserts the following:
his motion to dismiss his public defender based on incompatibility, inadequate representation, and a conflict of interest was denied (Pet. ¶ 11(a)(5));
his public defender pressured him into taking a guilty plea (Pet. ¶ 12(a));
his motion to withdraw his guilty plea due to manifest injustice was denied (Pet. ¶ 11(a)(5);
the sentencing judge "used inaccurate claims and insufficient evidence to sentence [him]" (Pet. ¶ 12(a));
the prosecutor made false claims (Pet. ¶ 12(a));
police and investigator's reports relating to his case contain contradictory and conflicting statements (Pet. ¶ 12(a)); and
he never received a presentence investigation (Pet. ¶ 12(a)).
However, Petitioner asserts that he has not appealed from the judgment of conviction or sentence and is "awaiting ...