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Thomas v. Buhler

United States District Court, District of Minnesota

April 16, 2015

RONALD ALFRED THOMAS, Petitioner,
v.
SCOTT A. BUHLER, WARDEN MICHELLE SMITH, and COMMISSIONER OF DEPT. OF CORRECTIONS, Respondents.

Ronald Alfred Thomas, pro se.

Scott A. Buhler, POLK COUNTY ATTORNEY’S OFFICE; James B. Early and Matthew Frank, MINNESOTA ATTORNEY GENERAL’S OFFICE, for respondents.

ORDER

Patrick J. Schiltz United States District Judge

Petitioner Ronald Thomas is a state prisoner serving 360 months in prison after entering an Alford plea to one count of first-degree criminal sexual conduct. Thomas brings this habeas action under 28 U.S.C. § 2254 seeking to overturn his conviction and sentence.

This matter is before the Court on Thomas’s objection to the March 11, 2015 Report and Recommendation (“R&R”) of Magistrate Judge Hildy Bowbeer. Judge Bowbeer recommends dismissing this action with prejudice as time-barred under 28 U.S.C. § 2244(d). The Court has conducted a de novo review. See 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b). Based on that review, the Court overrules Thomas’s objection and adopts the R&R.

ORDER

Based on the foregoing, and on all of the files, records, and proceedings herein, the Court OVERRULES petitioner’s objection [ECF Nos. 6, 7] and ADOPTS the March 11, 2015 R&R [Docket No. 4]. IT IS HEREBY ORDERED THAT:

1. Petitioner’s 28 U.S.C. § 2254 petition is DISMISSED WITH PREJUDICE as time-barred.

2. Petitioner’s application to proceed without prepaying fees or costs [ECF No. 2] is DENIED.

3. No certificate of appealability will issue. LET JUDGMENT BE ENTERED ACCORDINGLY.


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