Opinion
23-cv-3312 (ECT/DTS)
12-15-2023
Nikita Dixon, Petitioner, v. Department of Corrections, Commissioner Paul Schnell, Warden Tracy Beltz, Respondents.
ORDER ACCEPTING REPORT AND RECOMMENDATION
Eric C. Tostrud, Judge United States District Court
Magistrate Judge David T. Schultz issued a Report and Recommendation on November 16, 2023. ECF No. 7. 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. 7] is ACCEPTED;
2. Petitioner Nikita Dixon's Petition for Writ of Habeas Corpus [ECF No. 1] is DENIED as untimely; and
3. No certificate of appealability will be issued.
LET JUDGMENT BE ENTERED ACCORDINGLY.