Dickens v. Fabian

Full title: Clarence Dickens, Petitioner, v. Joan Fabian, Commissioner of DOC, and…

Court: United States District Court, D. Minnesota

Date published: Sep 15, 2010

Civil 10-3400 PJS/FLN (D. Minn. Sep. 15, 2010)

Opinion

Civil 10-3400 PJS/FLN.

September 15, 2010

ORDER

PATRICK SCHILTZ, District Judge

Based upon the Findings of Fact, Conclusions of Law, and Recommendation by United States Magistrate Judge Franklin L. Noel dated August 24, 2010, all the files and records, and no objections having been filed to said Report and Recommendation,

IT IS HEREBY ORDERED that:

1. Petitioner's application for a writ of habeas corpus, (Docket Nos. 1 and 7), is DENIED;

2. Petitioner's application for leave to proceed in forma pauperis, (Docket Nos. 2 and 3), is DENIED;

3. Petitioner's motion for appointment of counsel, (Docket No. 4), is DENIED;

4. Petitioner's "Pro Se Motion For Writ Of Habeas Corpus [etc.]," (Docket No. 7), is DENIED;

5. This action is DISMISSED WITHOUT PREJUDICE; and

6. Petitioner will not be granted a Certificate of Appealability LET JUDGMENT BE ENTERED ACCORDINGLY.