Kohser v. Roehrich

Full title: Scott Andrew Kohser, Petitioner, v. Connie Roehrich, Respondent

Court: United States District Court, D. Minnesota

Date published: Feb 16, 2007

Civil No. 05-3018 (JMR/SRN) (D. Minn. Feb. 16, 2007)

Opinion

Civil No. 05-3018 (JMR/SRN).

February 16, 2007

ORDER

JAMES ROSENBAUM, Chief Judge

The above-entitled matter comes before the Court upon the Report and Recommendation of United States Magistrate Judge Susan Richard Nelson dated January 30, 2007. No objections have been filed to that Report and Recommendation in the time period permitted.

Based on the Report and Recommendation of the Magistrate Judge, and all of the files, records and proceedings herein,

IT IS HEREBY ORDERED that:

1. Petitioner's motion for relief from the Order of January 30, 2006, or the Order of March 6, 2006 (Doc. No. 11) is DENIED;

2. Petitioner's motion in the alternative for an extension of time for filing a new habeas petition (Doc. No. 11) is GRANTED subject to the conditions stated in the Report and Recommendation;

3. Within 30 days of the date of this Order, Petitioner shall file a new habeas corpus petition, and a separate supporting affidavit that satisfies the requirements discussed in the Report and Recommendation, failing which the Court will dismiss this action with prejudice;

4. Petitioner's filings are construed to also include a motion for a stay pursuant to Rhines v. Weber, but the motion (Doc. No. 11) is DENIED WITHOUT PREJUDICE;

5. Petitioner's motion to proceed IFP (Doc. No. 4) is GRANTED; and

6. Petitioner's motion for notice of non-abatement (Doc. No. 14) is DENIED AS MOOT.