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King v. State of Minnesota

United States District Court, D. Minnesota

June 25, 2018

Calvin Thomas King, Petitioner,
v.
State of Minnesota, Respondent.

          Calvin Thomas King, Minnesota Correctional Facility-Stillwater, pro se.

          Edwin William Stockmeyer, III, Minnesota Attorney General's Office, Peter J. Orput, Hennepin County Attorney's Office, for Respondent.

          MEMORANDUM OPINION AND ORDER

          SUSAN RICHARD NELSON, UNITED STATES DISTRICT JUDGE.

         I. INTRODUCTION

         This matter is before the Court for consideration of Petitioner Calvin Thomas King's Objection [Doc. No. 13] to United States Magistrate Judge Tony N. Leung's Report and Recommendation (“R&R”) dated March 16, 2018 [Doc. No. 12]. The magistrate judge recommended the dismissal without prejudice of King's Second Amended 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (“Second Amended Petition”) [Doc. No. 11]. In addition, he recommended that King's Motion for an Order [Doc. No. 9] be denied as moot, and recommended the denial of a Certificate of Appealability.

         Pursuant to statute, this Court reviews de novo any portion of the magistrate judge's R&R to which specific objections are made, and “may accept, reject, or modify, in whole or in part, the findings or recommendations” contained in that R&R. 28 U.S.C. § 636(b)(1)(C); see also Fed. R. Civ. P. 72(b); D. Minn. LR 72.2(b)(3). Based on that de novo review, and for the reasons set forth below, the Court overrules Petitioner's Objection and adopts the R&R in its entirety.

         II. BACKGROUND

         King is currently incarcerated at the Minnesota Correctional Facility - Stillwater. (See Habeas Pet. [Doc. No. 1] at 1.) He received a forty-eight month sentence in Minnesota state court on July 31, 2017 after pleading guilty to aggravated robbery in the first degree. (Id.) He did not appeal the judgment. (Id.)

         In the initial Petition King filed, he asserted that “every court beside[s] the United State[s] Supreme Court” lacks jurisdiction, and that “the court's” documentation of his race violated the Thirteenth Amendment. (See id. at 5-7.) He subsequently filed a First Amended Petition, raising claims related to the conditions of his confinement. (See First Am. Pet. [Doc. No. 7].) In light of a similar pleading that King filed in King v. State, No. 17-cv-05264, it appears that he intended his First Amended Petition to be a 42 U.S.C. § 1983 claim against various state employees. Magistrate Judge Leung ordered King to amend his First Amended Petition so that the scope of litigation was limited to relief available through a habeas petition. (See Feb. 14, 2018 Order [Doc. No. 10].) King's Second Amended Petition does so-it challenges only the validity of his conviction.

         In the R&R, however, Magistrate Judge Leung found that King could not proceed because he had failed to exhaust his available state court remedies. (See R&R at 4.) Consequently, Magistrate Judge Leung recommended that King's Second Amended Petition be dismissed without prejudice. (Id.)

         King filed a timely Objection to the R&R on May 24, 2017, triggering this de novo review.

         III. DISCUSSION

         A. King Has Failed to Exhaust All Available State Court Remedies

         The sole basis of King's Objection to the R&R goes to the merits of his claim. (Obj. at 1.) King asserts that the State of Minnesota lacked jurisdiction to enter judgment. King contends that, since Minnesota lacks the authority to adjudicate the matter, Minnesota effectively has no ...


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