United States District Court, D. Minnesota
LIGTENBERG, PRO SE PLAINTIFF.
P. SPENCER FOR DEFENDANT.
ORDER ADOPTING REPORT AND RECOMMENDATION OF
R. TUNHEIM CHIEF JUDGE UNITED STATES DISTRICT COURT
Jason Ligtenberg, an inmate at the Moose Lake Correctional
Facility, has filed a petition for writ of habeas corpus
pursuant to 28 U.S.C. § 2254. On February 17, 2017,
Magistrate Judge Leo I. Brisbois recommended that the
petition be denied and the action dismissed. After an
independent review of the files, records, and proceedings,
the Court will conclude that Ligtenberg's petition is
untimely and will, therefore, dismiss the action.
2007, Ligtenberg was found guilty of first-degree and
second-degree criminal sexual conduct. (Pet. at 3, Dec. 29,
2016, Docket No. 1.) The Minnesota Court of Appeals affirmed
Ligtenberg's conviction. State v. Ligtenberg,
No. A08-0073, 2009 WL 1677852 (Minn.Ct.App. June 16, 2009).
The Minnesota Supreme Court denied Ligtenberg's writ of
certiorari on August 26, 2009. (Pet. at 5.)
subsequently filed two petitions for post-conviction relief
and a habeas corpus petition in state court. The state
district court denied the first petition on October 10, 2011.
See Ligtenberg v. State, No. A11-2207, 2012 WL
3263879, at *1 (Minn.Ct.App. Aug. 13, 2012), review
denied (Minn. Oct. 24, 2012). The Minnesota Court of
Appeals affirmed the denial, see id., and the
Minnesota Supreme Court denied review on October 24, 2012.
(Pet. at 5.) From October 24, 2012, to November 5, 2014,
there were no pending motions in state court related to
Ligtenberg's conviction. (Id.)
filed a habeas corpus petition with the Minnesota Supreme
Court on November 5, 2014. (Id.) The Minnesota
Supreme Court denied his petition on December 22, 2014.
filed his second petition for post-conviction relief in June
2015. The state district court summarily denied the petition
on the grounds that Ligtenberg's claims were untimely,
could have been raised previously, and had previously been
addressed on the merits. See Ligtenberg v. State,
No. A15-1704, 2016 WL 3223207, at *2-*4 (Minn.Ct.App. June
13, 2016), review denied (Aug. 23, 2016). The
Minnesota Court of Appeals affirmed the summary denial,
see id., and the Minnesota Supreme Court denied review
on August 23, 2016. (Pet. at 5.)
petitioned the Court for habeas corpus relief on December 23,
2016. He alleges that he was denied a right to a fair trial
because (1) he did not have access exculpatory medical
records; (2) notice and venue were improper with respect to
two offenses that occurred in Ramsey County; and (3) his
appellate counsel was ineffective in failing to discover the
notice and venue issues. (Pl.'s Mem. of Law at 11-14,
Dec. 29, 2016, Docket No. 2.) Ligtenberg further claims that
Minnesota's post-conviction procedures violate the Due
Process Clause and the Equal Protection Clause. (Id.
at 14-27.) Magistrate Judge Brisbois recommended that the
Court dismiss Ligtenberg's petition as time-barred. (R.
& R. at 8, Feb. 17, 2017, Docket 8.) Ligtenberg filed an
objection to the report and recommendation. (Objs. to R.
& R., Mar. 9, 2017, Docket 11.)
STANDARD OF REVIEW
the filing of a report and recommendation by a magistrate
judge, a party may “serve and file specific written
objections to the proposed findings and
recommendations.” Fed.R.Civ.P. 72(b)(2);
accord D. Minn. LR 72.2(b)(1). “The district
judge must determine de novo any part of the
magistrate judge's disposition that has been properly
objected to.” Fed.R.Civ.P. 72(b)(3); accord D.
Minn. LR 72.2(b)(3). The Court construes Ligtenberg's
pro se pleadings liberally. See Erickson v.
Pardus, 551 U.S. 89, 94 (2007).