Summary
finding that habeas petitioner fairly presented claim that his Alford plea lacked a sufficient factual basis by citing North Carolina v. Alford to appellate court and attacking the factual basis for his Alford plea
Summary of this case from Berry v. FlukeOpinion
Civil No. 09-2049 (PJS/SRN).
January 28, 2010
Michael Allen Shepersky, Minnesota Correctional Facility, 1101 Linden Lane, Faribault, Minnesota 55021, Pro Se.
Russell Conrow, Lake County Attorney, Lake County Attorney's Office, 601 3rd Ave., Two Harbors, Minnesota 55616, for Defendant
ORDER
The above-entitled matter comes before the Court upon the Report and Recommendation of United States Magistrate Judge Susan Richard Nelson. 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 Defendant's Motion to Dismiss (Doc. No. 4) is DENIED.