United States District Court, D. Minnesota
Thomas King, OID #175897, Minnesota Correctional
Facility-Stillwater, pro se.
Matthew Frank, Minnesota Attorney General's Office, for
ORDER ADOPTING REPORT AND RECOMMENDATION
RICHARD NELSON, UNITED STATES DISTRICT JUDGE
matter is before the Court for consideration of Petitioner
Calvin Thomas King's Objections [Doc. No. 6] to United
States Magistrate Judge Hildy Bowbeer's Report and
Recommendation (“R&R”) dated April 24, 2018
[Doc. No. 5]. The magistrate judge recommended that
King's Petition for Writ of Habeas Corpus under 28 U.S.C.
§ 2254 (“Habeas Petition”) [Doc. No. 1] be
denied, and that this action be dismissed.
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 Objections and adopts the R&R
in its entirety.
currently incarcerated at the Minnesota Correctional
Facility-Stillwater. On July 31, 2017, after pleading guilty
to aggravated robbery in the first degree, he received a
48-month sentence. He did not appeal that judgment.
(See Habeas Pet. at 1.)
Habeas Petition, King alleges that a series of events have
occurred throughout the State of Minnesota, and potentially
the nation, during his incarceration at Minnesota
Correctional Facility-Stillwater. (See id. 1-4) In
particular, King asserts wide-ranging claims of theft,
espionage, and interference with his free exercise of
religion. (See id.) He alleges, for example, that a
discrete radio transmitter has been communicating to him a
“satanic group['s]” plan to conceal a
criminal conspiracy to defraud him. (See id. at
the nature of these allegations, Magistrate Judge Bowbeer
found that King's Habeas Petition challenges “not
the legality of his state-court conviction or sentence, but
the conditions of his confinement in state prison, ”
and that such claims “are not cognizable on habeas
corpus review.” (R&R at 1-2.) Although she noted
that courts may sometimes reinterpret pro se habeas petitions
as civil complaints, she nevertheless recommended dismissal
as opposed to reinterpretation. (See id. at 2.)
Magistrate Judge Bowbeer found that even if King's Habeas
Petition were reinterpreted as a civil complaint, he would be
required to amend it because: (1) it currently fails to state
a claim for relief against any of the named
respondents-turned-defendants; (2) the United States
government appears to have had no involvement whatsoever in
the events at issue in the litigation; and (3) given that
Minnesota is not a “person, ” King cannot seek
relief from the State or an administrative unit thereof-such
as Minnesota Correctional Facility- Stillwater-directly under
42 U.S.C. § 1983 for alleged constitutional violations.
(See id.) Moreover, Magistrate Judge Bowbeer found
that if King's Habeas Petition were reinterpreted as a
civil complaint, it would be subject to the Prison Litigation
Reform Act (“PLRA”), including its filing fee
provisions. See generally 28 U.S.C. § 1915(b).
However, the magistrate judge found, King likely did not
intend to pay, or did not know of, the $350.00 filing fee
required under the PLRA for all civil actions filed by
prisoners. (R&R at 3.) Finally, Magistrate Judge Bowbeer
found that if King's Habeas Petition were to be
reinterpreted and consequently dismissed, as it would be for
the aforementioned reasons, statutory provisions would
threaten King's ability to proceed in forma
pauperis (“IFP”) in the future. (See
magistrate judge made three additional recommendations. She
recommended the denial of King's Application to Proceed
IFP [Doc. No. 2], the denial of his Motion for Investigation
[Doc. No. 4], and the denial of a Certificate of
Appealability. (Id. at 4.)
filed timely Objections to the R&R on May 2, 2018,
triggering this de novo review.
King Has Failed to Challenge the Fact of ...