Opinion
20-cv-2360 (ECT/HB)
09-13-2021
Gary Lee Johnson, Petitioner, v. State of Minnesota, Respondent.
ORDER
Eric C. Tostrud United States District Judge.
Magistrate Judge Hildy Bowbeer issued a Report and Recommendation on August 10, 2021. ECF No. 59. No party has objected to that Report and Recommendation, and it is therefore reviewed for clear error. See Fed.R.Civ.P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam). Finding no clear error, and based upon all of the files, records, and proceedings in the above-captioned matter, IT IS ORDERED THAT:
1. The Report and Recommendation [ECF No. 59] is ACCEPTED.
2. Respondent's Motion to Dismiss [ECF No. 28] is GRANTED.
3. The Petition Under 28 U.S.C. § 2254 for a Writ of Habeas Corpus [ECF No. 1] is DENIED with prejudice.
4. Petitioner Gary Lee Johnson's discovery requests [ECF Nos. 47, 55, 57] and letters seeking additional time to conduct discovery [ECF Nos. 50, 51] are DENIED.
5. No certificate of appealability will issue.
LET JUDGMENT BE ENTERED ACCORDINGLY.