Delk v. Smith

Full title: Antonio Delk, Petitioner, v. Warden Michelle Smith, Respondent.

Court: UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Date published: Feb 11, 2014

Civil File No: 13-cv-89 (JRT/SER) (D. Minn. Feb. 11, 2014)

Opinion

Civil File No: 13-cv-89 (JRT/SER)

02-11-2014

Antonio Delk, Petitioner, v. Warden Michelle Smith, Respondent.

Antonio Delk, Pro Se, No. 223282, MCF-Stillwater, 970 Pickett Street North, Bayport, Minnesota 55003, pro se petitioner, Michael J. Lieberg, STEARNS COUNTY ATTORNEY'S OFFICE, 705 Courthouse Square, Room 448, St. Cloud, Minnesota 56303, for respondent. Jennifer R. Coates and Matthew Frank, MINNESOTA ATTORNEY GENERAL'S OFFICE, 445 Minnesota Street, Suite 1800, St. Paul, Minnesota 55101, for respondent.

JOHN R. TUNHEIM

ORDER ADOPTING REPORT AND

RECOMMENDATION

Antonio Delk, Pro Se, No. 223282, MCF-Stillwater, 970 Pickett Street North, Bayport, Minnesota 55003, pro se petitioner,

Michael J. Lieberg, STEARNS COUNTY ATTORNEY'S OFFICE, 705 Courthouse Square, Room 448, St. Cloud, Minnesota 56303, for respondent.

Jennifer R. Coates and Matthew Frank, MINNESOTA ATTORNEY GENERAL'S OFFICE, 445 Minnesota Street, Suite 1800, St. Paul, Minnesota 55101, for respondent.

The above-entitled matter comes before the Court upon the Report and Recommendation of United States Magistrate Judge Steven E. Rau, dated January 27, 2014 [Docket No. 12]. 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. Delk's Petition for habeas relief under 28 U.S.C. § 2254 [Doc. No. 1] is DENIED;
2. This action is DISMISSED; and
3. No COA is issued.

LET JUDGMENT BE ENTERED ACCORDINGLY.

__________________________

JOHN R. TUNHEIM

United States District Judge
Dated: February 11, 2014
at Minneapolis, Minnesota.