Garza v. Fabian

Full title: Cesar de la Garza, Petitioner, v. Joan Fabian, Respondent

Court: United States District Court, D. Minnesota

Date published: Aug 31, 2007

Civil No. 06-4767 (RHK/JJG) (D. Minn. Aug. 31, 2007)

Opinion

Civil No. 06-4767 (RHK/JJG).

August 31, 2007

ORDER

RICHARD KYLE, District Judge

The above-entitled matter came before the Court upon the Report and Recommendation of the United States Magistrate Judge.

Based upon the Report and Recommendation of the Magistrate Judge, including a de novo review of the Objections thereto, and all the files, records and proceedings herein, IT IS ORDERED:

1. The Objections (Doc. No. 45) are OVERRULED;

2. The Report and Recommendation (Doc. No. 44) is ADOPTED;

3. Respondent's Motion to Dismiss (Doc. No. 15), is GRANTED IN PART and DENIED IN PART;

4. Grounds Two through Eleven of Petitioner's habeas corpus petition are DENIED and DISMISSED WITH PREJUDICE;

5. Respondent is ordered to file, by September 30, 2007, a comprehensive answer to Ground One of Petitioner's habeas corpus petition, showing cause why Petitioner should not be granted a writ of habeas corpus on that claim; and

6. Petitioner's Motions for appointment of counsel (Doc. No. 27), for discovery (Doc. No. 30), for an evidentiary hearing (Doc. No. 32), and for stay (Doc. Nos. 19 and 36), are each DENIED.